State Government to act after consultation with Central Government in certain cases :
Section – 435. (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) | Â | 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) | Â | which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or |
| (c) | Â | 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.
COMMENTS
Remission, etc., only in consultation with Central Government – This is a new provision. The Law Commission had recommended that in respect of cases investigated by the CBI or involving misappropriation or destruction, or damage to, Central Government property and offences committed by the Central Government servants in the discharge of their official duties, remission or commutation of sentence should be granted by the State Government only after “consultation” with the Central Government. The scope of this recommendation was widened by the Joint Committee of Parliament so as to include investigations made by other central agencies authorised by law in this behalf.
Remission for offences in State and Union fields – Where persons are prosecuted for offences, some under laws in the State field and some in the Union field and sentenced to separate terms of imprisonment to run concurrently, State Governments sometimes remit and whole sentence without a reference to the Central Government, although legally the Central Government has to order remission in relation to offences in the Union field. A provision has been added requiring specifically that the person cannot be released unless the Central Government also remits the part of the sentence relating to an offence in the Union field.