Section 433A CrPC: Restriction on powers of remission or commutation in certain cases
Code of Criminal Procedure, 1973
Section 433A CrPC at a Glance
Section 433A CrPC deals with restriction on powers of remission or commutation in certain cases. From 1 July 2024 it is replaced by Section 475 BNSS.
What Section 433A CrPC Says
433A. Restriction on powers of remission or commutation in certain cases
Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
Source: Section 433A, Code of Criminal Procedure, 1973
Section 433A CrPC in Simple Words
Section 433A of the Code of Criminal Procedure, 1973 deals with a restriction on powers of remission or commutation in certain cases.
Notwithstanding anything contained in Section 432 CrPC, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under Section 433 CrPC into one of imprisonment for life, such person shall not be released from prison unless the person had served at least fourteen years of imprisonment.
When Section 433A CrPC Applies
- A person on whom a sentence of imprisonment for life is imposed on conviction for an offence for which death is one of the punishments provided by law.
- A person on whom a sentence of death has been commuted under Section 433 CrPC into one of imprisonment for life.
Time Limits Under Section 433A CrPC
- Such person shall not be released from prison unless the person had served at least fourteen years of imprisonment.Act text: “unless he had served at least fourteen years of imprisonment”
Example of Section 433A CrPC
When Section 433A CrPC Does Not Apply
- Section 433A CrPC speaks of release from prison after at least fourteen years of imprisonment. It does not deal with the concurrent power of the Central Government in case of death sentences, which Section 434 CrPC covers.
- Section 433A CrPC speaks of a sentence of death commuted into imprisonment for life. It does not deal with the postponement of execution of a sentence of death in case of appeal to Supreme Court, which Section 415 CrPC covers.
Section 433A CrPC Under BNSS 475: What Changed
Section 433A CrPC is now covered under Section 475 BNSS.
Section 475 BNSS has the same heading as Section 433A CrPC. Its text is the same except for the cross-references, which read Section 473 BNSS and Section 474 BNSS where Section 433A CrPC read Section 432 CrPC and Section 433 CrPC.
View detailed comparison (CrPC 433A vs BNSS 475) →FAQs on Section 433A CrPC
What does Section 433A CrPC say about release from prison?▼
Such person shall not be released from prison unless the person had served at least fourteen years of imprisonment.
Which sentences does Section 433A CrPC speak of?▼
A sentence of imprisonment for life imposed on conviction of a person for an offence for which death is one of the punishments provided by law, and a sentence of death that has been commuted under Section 433 CrPC into one of imprisonment for life.
How many years of imprisonment must be served under Section 433A CrPC?▼
At least fourteen years of imprisonment.
Where is Section 433A CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 433A CrPC has no sub-sections, and maps as a whole to Section 475 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·