Description

1. When a person has been sentenced to punishment for an offence, the appropriate Government may, at any time, either unconditionally or under any conditions the person sentenced agrees to, suspend the execution of the sentence or remit all or part of the punishment.
2. Whenever an application for the suspension or remission of a sentence is made to the appropriate Government, it may require the presiding Judge of the Court, before or by which the conviction was had or confirmed, to provide their opinion on whether the application should be granted or refused. The Judge should also include the reasons for their opinion and, together with this statement, forward a certified copy of the trial record or a relevant portion of it.
3. If any condition attached to the suspension or remission of a sentence is, in the opinion of the appropriate Government, not fulfilled, the Government may cancel the suspension or remission. In such a case, the person whose sentence was suspended or remitted may, if at large, be arrested by any police officer without a warrant and remanded to serve the unexpired portion of the sentence.
4. The condition on which a sentence is suspended or remitted may either be one to be fulfilled by the person in whose favour the sentence was suspended or remitted or one independent of their will.
5. The appropriate Government may issue general rules or special orders to guide the suspension of sentences, the conditions for presenting petitions, and how those petitions should be handled.
   Provided that in the case of any sentence (other than a sentence of fine) imposed on a male person above the age of eighteen years, no petition for suspension or remission of the sentence shall be entertained unless the person sentenced is in jail. Furthermore:
1. If the petition is made by the person sentenced, it must be presented through the officer in charge of the jail; or
2. If the petition is made by another person, it must include a declaration that the person sentenced is in jail.
6. The provisions of these Sub-Sections also apply to any order passed by a Criminal Court under any section of this Code or any other law that restricts the liberty of any person or imposes a liability on them or their property.
7. In this section and in section 433, the term "appropriate Government" means:
1. In cases where the sentence is for an offence related to a matter within the executive power of the Union, or the order referred to in Sub-Section (6) is passed under such a law, the Central Government;
2. In all other cases, the Government of the State in which the offender is sentenced or where the order is passed.