Section 433 of the CrPC pertains to the power of the government to commute a sentence without the consent of the person sentenced.

When the appropriate government commutes a sentence, it does so in the exercise of its sovereign power. The court cannot direct the appropriate government to exercise its sovereign powers. The court merely gives a direction to the appropriate government to consider the case for commutation of the sentence and nothing more. The legal position is no longer res integra.

In Delhi Administration (NCT of Delhi) vs. Manohar Lal (2007) 7 SCC 222, AIR 2002 SC 3088, the Supreme Court held that the exercise of power under Section 433 was an executive discretion.

In State of Punjab vs. Kesar Singh (1996) 5 SCC 495, AIR 1996 SC 2512, the Supreme Court clarified the position as follows:

The mandate of Section 433 of the CrPC enables the government in an appropriate case to commute the sentence of a convict and to prematurely order his release before the expiry of the sentence as imposed by the courts. That apart, even if the High Court could give such a direction, it could only direct consideration of the case of premature release by the government and could not have ordered the premature release of the respondent itself. The right to exercise the power under Section 433 of the CrPC vests in the government and must be exercised by the government in accordance with the rules and established principles. The impugned order of the High Court cannot, therefore, be sustained and is hereby set aside.

Again, the question of commutation of a sentence was dealt with in State (Govt of NCT of Delhi) vs. Prem Raj (2003) 7 SCC 121 with reference to the 41st report of the Law Commission, and it was observed that the powers of commutation exclusively vest with the appropriate government. At the same time, these powers must be exercised by the government reasonably and rationally, keeping in view the reasons germane and relevant for the purpose of law, mitigating circumstances, and/or relevant facts necessitating the commutation, as well as factors like the interest of society and public interest.

Written By: S Kundu & Associates
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