CrPC 435→BNSS 477

CrPC 435 to BNSS 477: State Government to act after consultation with Central Government in certain cases

Section 435 CrPC (1973) replaced by Section 477 BNSS (2023)

View CrPC Section 435 →View BNSS Section 477 →

CrPC 435 to BNSS 477 at a Glance

Section 435 CrPC (State Government to act after consultation with Central Government in certain cases) is now Section 477 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 435 to BNSS 477?

From 1 July 2024, Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 435 of the Code of Criminal Procedure, 1973. Section 477(1) BNSS reads concurrence with the Central Government where Section 435(1) CrPC read consultation with the Central Government, and Section 477(1)(a) BNSS does not name the Delhi Special Police Establishment, which Section 435(1)(a) CrPC named. Section 477(1) BNSS refers to Section 473 BNSS and Section 474 BNSS where Section 435(1) CrPC referred to Section 432 CrPC and Section 433 CrPC. Section 477(2) BNSS has the same text as Section 435(2) CrPC.

CrPC 435 vs BNSS 477: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section435477
HeadingState Government to act after consultation with Central Government in certain casesState Government to act after concurrence with Central Government in certain cases
Sub-sections2 sub-sectionsSame
Cross-referencess.432, s.433s.473, s.474

CrPC 435 and BNSS 477: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 435, CrPC 1973

435. State Government to act after consultation with Central Government in certain cases.—(1) The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence— (a) which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or (c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after consultation with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
BNSS 2023 (in force)

Section 477, BNSS 2023

477. State Government to act after concurrence with Central Government in certain cases.—(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence— (a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.

When It Applies: CrPC 435 vs BNSS 477

Under CrPC 435
  1. The powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government to remit or commute a sentence, in any case described in Section 435(1) CrPC, shall not be exercised by the State Government except after consultation with the Central Government.
  2. Under Section 435(1)(a) CrPC, the case is one where the sentence is for an offence which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to make investigation into an offence under any Central Act other than the Code.
  3. Under Section 435(1)(b) CrPC, the case is one where the sentence is for an offence which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government.
  4. Under Section 435(1)(c) CrPC, the case is one where the sentence is for an offence which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty.
  5. Under Section 435(2) CrPC, no order of suspension, remission or commutation of sentences passed by the State Government, in relation to a person who has been convicted of offences some of which relate to matters to which the executive power of the Union extends and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Under BNSS 477
  1. The powers conferred by Section 473 BNSS and Section 474 BNSS upon the State Government to remit or commute a sentence, in any case described in Section 477(1) BNSS, shall not be exercised by the State Government except after concurrence with the Central Government.
  2. Under Section 477(1)(a) BNSS, the case is one where the sentence is for an offence which was investigated by any agency empowered to make investigation into an offence under any Central Act other than the Sanhita.
  3. Under Section 477(1)(b) BNSS, the case is one where the sentence is for an offence which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government.
  4. Under Section 477(1)(c) BNSS, the case is one where the sentence is for an offence which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty.
  5. Under Section 477(2) BNSS, no order of suspension, remission or commutation of sentences passed by the State Government, in relation to a person who has been convicted of offences some of which relate to matters to which the executive power of the Union extends and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.

What CrPC 435 to BNSS 477 Means in Practice

Section 477 BNSS deals with the same subject as Section 435 CrPC: the exercise by the State Government of the powers to remit or commute a sentence in the cases described in Section 477(1) BNSS, and the effect of a State order of suspension, remission or commutation in relation to concurrent sentences. The word concurrence appears in Section 477(1) BNSS where the word consultation appeared in Section 435(1) CrPC.

FAQs: CrPC 435 to BNSS 477

Which provision of the BNSS is Section 435 CrPC found in?▼

Section 435 of the Code of Criminal Procedure, 1973 is found in Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 435 CrPC is headed State Government to act after consultation with Central Government in certain cases, and Section 477 BNSS is headed State Government to act after concurrence with Central Government in certain cases.

Is the Delhi Special Police Establishment named in Section 477(1)(a) BNSS?▼

No. Section 435(1)(a) of the Code of Criminal Procedure, 1973 named the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, or any other agency empowered to make investigation into an offence under any Central Act other than the Code. Section 477(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita.

Did Section 477(2) BNSS change the words of Section 435(2) CrPC?▼

Section 477(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 435(2) of the Code of Criminal Procedure, 1973. Both provide that no order of suspension, remission or commutation of sentences passed by the State Government in relation to a person sentenced to separate terms of imprisonment which are to run concurrently shall have effect unless an order has also been made by the Central Government in relation to the offences relating to matters to which the executive power of the Union extends.

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: 22 Oct 2026 ·