CrPC 432 to BNSS 473: Power to suspend or remit sentences
Section 432 CrPC (1973) replaced by Section 473 BNSS (2023)
CrPC 432 to BNSS 473 at a Glance
Section 432 CrPC (Power to suspend or remit sentences) is now Section 473 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 432 to BNSS 473?
Section 432 of the Code of Criminal Procedure, 1973 became Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with no new sub-sections added or merged from other sections. In the proviso to Section 473(5) BNSS, the word male was omitted so the jail requirement for entertaining a suspension petition applies to any person above the age of eighteen years sentenced to punishment other than a fine. Renumbering, replacing Code with Sanhita in Section 473(6) BNSS, and updating Section 433 to Section 474 in Section 473(7) BNSS are changes of form, while the rest is unchanged.
CrPC 432 vs BNSS 473: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 432 | 473 |
| Heading | Power to suspend or remit sentences | Same |
| Sub-sections | 7 sub-sections | Same |
| Cross-references | s.433 | s.474 |
CrPC 432 and BNSS 473: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 432, CrPC 1973
432. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 433, the expression “appropriate Government” means,—
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.
BNSS 2023 (in force)
Section 473, BNSS 2023
473. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 474, the expression "appropriate Government" means,—
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.
When It Applies: CrPC 432 vs BNSS 473
Under CrPC 432
- When a person has been sentenced to punishment for an offence, the appropriate Government under Section 432(1) of the Code of Criminal Procedure, 1973 may at any time suspend the execution of the sentence or remit the whole or any part of the punishment, either unconditionally or on conditions that the sentenced person accepts.
- When an application is made to suspend or remit a sentence, the appropriate Government under Section 432(2) CrPC may require the presiding Judge of the court that convicted the person or confirmed the conviction to give a reasoned opinion on whether to grant or refuse the application and to send a certified copy of the existing trial record.
- If any condition of a suspension or remission, whether to be fulfilled by the sentenced person or independent of his will, is in the opinion of the appropriate Government not fulfilled, the Government under Section 432(3) CrPC may cancel the relief and any police officer may arrest the person, if at large, without warrant, and the person may be remanded to undergo the unexpired portion of the sentence.
- Under Section 432(5) CrPC, the appropriate Government may issue general rules or special orders on suspending sentences and handling petitions, subject to the proviso that for any sentence other than a fine passed on a male person above the age of eighteen years, a petition by or on behalf of the sentenced person shall be entertained only if he is in jail and the petition is submitted through the officer in charge of the jail or contains a declaration that he is in jail.
- Under Section 432(6) CrPC and Section 432(7) CrPC, these powers and rules shall also apply to any Criminal Court order under the Code or any other law that restricts liberty or imposes liability on a person or property, with the Central Government acting for matters within Union executive power and the State Government where the order or sentence is passed acting in other cases.
Under BNSS 473
- When a person has been sentenced to punishment for an offence, the appropriate Government under Section 473(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 may at any time suspend the execution of the sentence or remit the whole or any part of the punishment, either unconditionally or on conditions that the sentenced person accepts.
- When an application is made to suspend or remit a sentence, the appropriate Government under Section 473(2) BNSS may require the presiding Judge of the court that convicted the person or confirmed the conviction to give a reasoned opinion on whether to grant or refuse the application and to send a certified copy of the existing trial record.
- If any condition of a suspension or remission, whether to be fulfilled by the sentenced person or independent of his will, is in the opinion of the appropriate Government not fulfilled, the Government under Section 473(3) BNSS may cancel the relief and any police officer may arrest the person, if at large, without warrant, and the person may be remanded to undergo the unexpired portion of the sentence.
- Under Section 473(5) BNSS, the appropriate Government may issue general rules or special orders on suspending sentences and handling petitions, subject to the proviso that for any sentence other than a fine passed on a person above the age of eighteen years, a petition by or on behalf of the sentenced person shall be entertained only if the person is in jail and the petition is submitted through the officer in charge of the jail or contains a declaration that the person is in jail.
- Under Section 473(6) BNSS and Section 473(7) BNSS, these powers and rules shall also apply to any Criminal Court order under the Sanhita or any other law that restricts liberty or imposes liability on a person or property, with the Central Government acting for matters within Union executive power and the State Government where the order or sentence is passed acting in other cases.
What CrPC 432 to BNSS 473 Means in Practice
From 1 July 2024, the power of the appropriate Government to suspend or remit sentences is found in Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 432 of the Code of Criminal Procedure, 1973. Because the proviso to Section 473(5) BNSS omits the word male, any person above the age of eighteen years sentenced to punishment other than a fine must be in jail and satisfy the filing condition before a suspension petition is entertained.
FAQs: CrPC 432 to BNSS 473
How did the jail requirement for suspension petitions change from Section 432(5) CrPC to Section 473(5) BNSS?▼
Under the proviso to Section 432(5) of the Code of Criminal Procedure, 1973, the requirement that the person sentenced must be in jail before a suspension petition is entertained applied only to a sentence other than a fine passed on a male person above the age of eighteen years. Under the proviso to Section 473(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the word male is omitted, so the requirement applies to any person above the age of eighteen years.
Did the rules on consulting the presiding Judge or cancelling conditional relief change in Section 473 BNSS?▼
No, those rules are unchanged between Section 432 CrPC and Section 473 BNSS. Under both provisions, the appropriate Government may require the presiding Judge of the convicting or confirming court to state a reasoned opinion and forward a certified copy of the trial record. Likewise, if any condition of suspension or remission is, in the opinion of the appropriate Government, not fulfilled, the Government may cancel the relief and any police officer may arrest the person without warrant.
Did the definition of appropriate Government change between Section 432(7) CrPC and Section 473(7) BNSS?▼
The substantive definition of appropriate Government is unchanged. Under both Section 432(7) CrPC and Section 473(7) BNSS, the Central Government is the appropriate Government where the sentence or order is under a law relating to a matter to which the executive power of the Union extends, and the State Government where the offender is sentenced or the order is passed is the appropriate Government in other cases. Updating the cross-reference from Section 433 to Section 474 is a change of form.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·