Section 433 of the CrPC pertains to the power of the government to commute a
sentence without the consent of the person sentenced.
When the appropriate government commutes a sentence, it does so in the exercise
of its sovereign power. The court cannot direct the appropriate government to
exercise its sovereign powers. The court merely gives a direction to the
appropriate government to consider the case for commutation of the sentence and
nothing more. The legal position is no longer res integra.
In Delhi Administration (NCT of Delhi) vs. Manohar Lal (2007) 7 SCC 222, AIR
2002 SC 3088, the Supreme Court held that the exercise of power under Section
433 was an executive discretion.
In State of Punjab vs. Kesar Singh (1996) 5 SCC 495, AIR 1996 SC 2512, the
Supreme Court clarified the position as follows:
The mandate of Section 433 of the CrPC enables the government in an appropriate
case to commute the sentence of a convict and to prematurely order his release
before the expiry of the sentence as imposed by the courts. That apart, even if
the High Court could give such a direction, it could only direct consideration
of the case of premature release by the government and could not have ordered
the premature release of the respondent itself. The right to exercise the power
under Section 433 of the CrPC vests in the government and must be exercised by
the government in accordance with the rules and established principles. The
impugned order of the High Court cannot, therefore, be sustained and is hereby
set aside.
Again, the question of commutation of a sentence was dealt with in State (Govt
of NCT of Delhi) vs. Prem Raj (2003) 7 SCC 121 with reference to the 41st report
of the Law Commission, and it was observed that the powers of commutation
exclusively vest with the appropriate government. At the same time, these powers
must be exercised by the government reasonably and rationally, keeping in view
the reasons germane and relevant for the purpose of law, mitigating
circumstances, and/or relevant facts necessitating the commutation, as well as
factors like the interest of society and public interest.
Written By: S Kundu & Associates
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