Section 434 CrPC: Concurrent power of Central Government in case of death sentences

Code of Criminal Procedure, 1973

Section 434 CrPC at a Glance

Section 434 CrPC deals with concurrent power of Central Government in case of death sentences. From 1 July 2024 it is replaced by Section 476 BNSS.

What Section 434 CrPC Says

434. Concurrent power of Central Government in case of death sentences

The powers conferred by sections 432 and 433 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government.

Source: Section 434, Code of Criminal Procedure, 1973

Section 434 CrPC in Simple Words

Section 434 of the Code of Criminal Procedure, 1973 deals with the concurrent power of the Central Government in case of death sentences. The powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government may, in the case of sentences of death, also be exercised by the Central Government.

When Section 434 CrPC Applies

  • The powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government may also be exercised by the Central Government.
  • The case is a sentence of death.

Example of Section 434 CrPC

Rajesh is under a sentence of death. The powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government may, in the case of the sentence of death on Rajesh, also be exercised by the Central Government.

When Section 434 CrPC Does Not Apply

  • Section 434 CrPC speaks of the powers conferred by Section 432 CrPC and Section 433 CrPC. 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 434 CrPC speaks of sentences of death. It does not deal with the restriction on powers of remission or commutation in certain cases, which Section 433A CrPC covers.

Section 434 CrPC Under BNSS 476: What Changed

Section 434 CrPC is now covered under Section 476 BNSS.

Section 476 BNSS has the same heading as Section 434 CrPC. Its text is the same except for the cross-references, which read Section 473 BNSS and Section 474 BNSS where Section 434 CrPC read Section 432 CrPC and Section 433 CrPC.

View detailed comparison (CrPC 434 vs BNSS 476) โ†’

FAQs on Section 434 CrPC

Who may exercise the powers conferred by Section 432 CrPC and Section 433 CrPC under Section 434 CrPC?โ–ผ

The State Government, and in the case of sentences of death also the Central Government.

For which sentences does Section 434 CrPC speak of the Central Government?โ–ผ

Sentences of death.

What are Section 432 CrPC and Section 433 CrPC about?โ–ผ

Section 432 CrPC is headed Power to suspend or remit sentences, and Section 433 CrPC is headed Power to commute sentence.

Where is Section 434 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 434 CrPC has no sub-sections, and maps as a whole to Section 476 BNSS.

Have questions about Section 434 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru โ†’

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 21 Oct 2026 ยท