Section 432 of CrPC : Section 432: Power To Suspend Or Remit Sentences

Explanation using Example

Imagine a scenario where a woman named Priya has been convicted of a non-violent financial crime and sentenced to three years in prison. After serving one year, she applies for the remission of her sentence due to her good behavior and her active participation in rehabilitation programs within the prison. Priya submits her application through the officer in charge of the jail, as required by the law.

The State Government, being the appropriate authority in this case because the offense does not relate to a matter under the executive power of the Union, considers her application. As part of their decision-making process, they ask the judge who presided over Priya's trial to provide an opinion on whether her sentence should be suspended or remitted.

After reviewing Priya's conduct in prison and the judge's positive recommendation, the State Government decides to suspend the remaining two years of her sentence on the condition that she continues to engage in community service for the next two years. This decision is made under Section 432 of The Code of Criminal Procedure, 1973, which allows the government to suspend or remit sentences.

However, the Government also specifies that if Priya fails to fulfill the community service condition, her sentence suspension will be canceled, and she will be required to serve the remainder of her original sentence.