Section 433 CrPC: Power to commute sentence

Code of Criminal Procedure, 1973

Section 433 CrPC at a Glance

Section 433 CrPC deals with power to commute sentence. From 1 July 2024 it is replaced by Section 474 BNSS.

Now BNSS

Section 474 →

What Section 433 CrPC Says

433. Power to commute sentence

The appropriate Government may, without the consent of the person sentenced, commute—

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;

(d) a sentence of simple imprisonment, for fine.

Source: Section 433, Code of Criminal Procedure, 1973

Section 433 CrPC in Simple Words

Section 433 of the Code of Criminal Procedure, 1973 gives the appropriate Government the power to reduce a criminal sentence by replacing it with another punishment of the kind set out in Section 433 CrPC. This process is called commutation of sentence.

Because the statute states that the appropriate Government may act without the consent of the person sentenced, the convict does not need to agree to the substituted punishment before the order takes effect. Depending on the original punishment, Section 433 CrPC allows the appropriate Government to substitute a death sentence, life imprisonment, rigorous imprisonment, or simple imprisonment with a lesser punishment or a fine.

When Section 433 CrPC Applies

  • The appropriate Government may exercise the power under Section 433 of the Code of Criminal Procedure, 1973 to substitute a lesser punishment for a convict without the consent of the person sentenced.
  • Where a person is under a death sentence, the appropriate Government may replace it under Section 433(a) CrPC with any other punishment recognised under the Indian Penal Code.
  • For a convict serving life imprisonment, Section 433(b) CrPC permits the appropriate Government to substitute either a fixed prison term not exceeding fourteen years or a fine.
  • Where a person has been given rigorous imprisonment, the appropriate Government may under Section 433(c) CrPC convert it into simple imprisonment for any duration that could lawfully have been imposed, or into a fine.
  • Where a person has been given simple imprisonment, Section 433(d) CrPC allows the appropriate Government to replace the prison term with a fine.

Time Limits Under Section 433 CrPC

  • A prison term substituted for life imprisonment under Section 433(b) of the Code of Criminal Procedure, 1973 is limited to a period not exceeding fourteen years.Act text: “for imprisonment for a term not exceeding fourteen years”

Example of Section 433 CrPC

Ramesh is convicted and sentenced to imprisonment for life. While Ramesh is serving the sentence, the appropriate Government considers his case for commutation under Section 433 of the Code of Criminal Procedure, 1973. Ramesh does not consent to the change, as he is still challenging his conviction. Under Section 433(b) CrPC, the appropriate Government may commute his sentence of imprisonment for life without the consent of the person sentenced. The appropriate Government issues an order replacing the life sentence of Ramesh with imprisonment for a term not exceeding fourteen years. Because Section 433 CrPC does not require the agreement of the prisoner, the commutation order is valid.

When Section 433 CrPC Does Not Apply

  • An authority that is not the appropriate Government cannot commute a sentence under Section 433 of the Code of Criminal Procedure, 1973.

Section 433 CrPC Under BNSS 474: What Changed

Section 433 CrPC is now covered under Section 474 BNSS.

Section 433 of the Code of Criminal Procedure, 1973 became Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, and the appropriate Government may still commute a sentence without the consent of the person sentenced. A sentence of death could be commuted under Section 433(a) CrPC for any other punishment provided by the Indian Penal Code, and under Section 474(a) BNSS it may be commuted for imprisonment for life. A sentence of imprisonment for life could be commuted under Section 433(b) CrPC for imprisonment for a term not exceeding fourteen years or for fine, and under Section 474(b) BNSS it may be commuted for imprisonment for a term not less than seven years, so the ceiling of fourteen years and the option of fine are gone and a floor of seven years applies. Section 474(c) BNSS is new and allows a sentence of imprisonment for seven years or more to be commuted for imprisonment for a term not less than three years. Section 433(d) CrPC allowed simple imprisonment to be commuted for fine, and Section 474(d) BNSS allows a sentence of imprisonment for less than seven years to be commuted for fine. Section 474(e) BNSS drops the words or for fine from the clause on rigorous imprisonment.

View detailed comparison (CrPC 433 vs BNSS 474) →

FAQs on Section 433 CrPC

Is the consent of the convicted person required to commute a sentence under Section 433 CrPC?▼

No, the consent of the convicted person is not required. Section 433 of the Code of Criminal Procedure, 1973 explicitly provides that the appropriate Government may commute a sentence without the consent of the person sentenced. This means the appropriate Government can issue a valid commutation order substituting a listed lesser punishment or fine even if the prisoner does not apply for commutation or objects to the substituted punishment.

What punishments can replace a sentence of death or imprisonment for life under Section 433 CrPC?▼

A sentence of death may be commuted by the appropriate Government under Section 433(a) of the Code of Criminal Procedure, 1973 for any other punishment provided by the Indian Penal Code. A sentence of imprisonment for life may be commuted by the appropriate Government under Section 433(b) CrPC either for imprisonment for a term not exceeding fourteen years or for a fine, without the consent of the person sentenced.

How can rigorous imprisonment and simple imprisonment be commuted under Section 433 CrPC?▼

The appropriate Government may commute a sentence of rigorous imprisonment under Section 433(c) of the Code of Criminal Procedure, 1973 into simple imprisonment for any term to which that person might have been sentenced, or into a fine. Where the convict is serving a sentence of simple imprisonment, Section 433(d) CrPC empowers the appropriate Government to commute that sentence of simple imprisonment for a fine, without the consent of the person sentenced.

Where is the provision corresponding to Section 433 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 433 CrPC, dealing with the power of the appropriate Government to commute a sentence without the consent of the person sentenced, is found in Section 474 of the Sanhita.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·