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

Code of Criminal Procedure, 1973

Section 435 CrPC at a Glance

Section 435 CrPC deals with state Government to act after consultation with Central Government in certain cases. From 1 July 2024 it is replaced by Section 477 BNSS.

Now BNSS

Section 477 →

What Section 435 CrPC Says

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.

Source: Section 435, Code of Criminal Procedure, 1973

Section 435 CrPC in Simple Words

Section 435 of the Code of Criminal Procedure, 1973 is headed State Government to act after consultation with Central Government in certain cases.

The powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government to remit or commute a sentence, in the cases described in Section 435(1) CrPC, shall not be exercised by the State Government except after consultation with the Central Government.

Section 435(2) CrPC deals with an order of suspension, remission or commutation passed by the State Government in relation to a person sentenced to separate terms of imprisonment which are to run concurrently.

When Section 435 CrPC Applies

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.
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.
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.
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.
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.

Example of Section 435 CrPC

Ramesh is sentenced for an offence which involved the misappropriation of property belonging to the Central Government. The State Government is considering the remission of the sentence under Section 432 CrPC. Under Section 435(1)(b) CrPC, that power shall not be exercised by the State Government except after consultation with the Central Government.

When Section 435 CrPC Does Not Apply

Section 435(1) CrPC speaks of the powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government to remit or commute a sentence. It does not deal with the concurrent power of the Central Government in case of death sentences, which is found in Section 434 CrPC, Concurrent power of Central Government in case of death sentences.
Section 435(2) CrPC speaks of a person who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends. It does not deal with a person none of whose offences relate to matters to which the executive power of the Union extends.
Section 435 CrPC speaks of the powers of the State Government to remit or commute a sentence. It does not deal with the cases in which bail is to be taken, which is found in Section 436 CrPC, In what cases bail to be taken.

Section 435 CrPC Under BNSS 477: What Changed

Section 435 CrPC is now covered under Section 477 BNSS.

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.

View detailed comparison (CrPC 435 vs BNSS 477) →

FAQs on Section 435 CrPC

When must the State Government consult the Central Government under Section 435(1) CrPC?▼

The powers conferred by Section 432 CrPC and Section 433 CrPC upon the State Government to remit or commute a sentence shall not be exercised by the State Government except after consultation with the Central Government, under Section 435(1) of the Code of Criminal Procedure, 1973, in any case where the sentence is for an offence described in Section 435(1)(a) CrPC, Section 435(1)(b) CrPC or Section 435(1)(c) CrPC.

Which offences are described in Section 435(1)(a) CrPC?▼

Section 435(1)(a) of the Code of Criminal Procedure, 1973 describes 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.

What does Section 435(2) CrPC say about concurrent sentences?▼

Under Section 435(2) of the Code of Criminal Procedure, 1973, 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.

Where is Section 435 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 435 CrPC is found in Section 477 BNSS, which is headed State Government to act after concurrence with Central Government in certain cases. Section 435(1) CrPC is found in Section 477(1) BNSS, and Section 435(2) CrPC is found in Section 477(2) BNSS.

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