Section 432 of CrPC : Section 432: Power to suspend or remit sentences.
CrPC
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Explanation using Example
Example 1:
Scenario: Rajesh, a 25-year-old man, was sentenced to 5 years in prison for theft. After serving 2 years, he applies for remission of his sentence.
Application: Rajesh submits an application to the State Government requesting remission of his remaining sentence. The State Government reviews his application and asks the presiding Judge of the Court that convicted Rajesh to provide an opinion on whether the remission should be granted.
Outcome: The Judge reviews Rajesh's behavior in prison and the circumstances of his crime, and provides a positive opinion, recommending remission. The State Government, considering the Judge's opinion and Rajesh's good conduct in prison, decides to remit the remaining 3 years of his sentence. Rajesh is released from prison.
Example 2:
Scenario: Priya, a 30-year-old woman, was sentenced to 3 years in prison for fraud. After serving 1 year, she applies for suspension of her sentence due to her critical health condition.
Application: Priya's family submits an application to the Central Government for suspension of her sentence, citing her deteriorating health. The Central Government asks the presiding Judge of the Court that convicted Priya to provide an opinion on the application.
Outcome: The Judge reviews Priya's medical records and provides an opinion that her sentence should be suspended on the condition that she receives medical treatment and reports to the authorities regularly. The Central Government agrees and suspends her sentence for 1 year, allowing her to receive necessary medical treatment. If Priya fails to comply with the conditions, the suspension can be canceled, and she can be re-arrested to serve the remaining sentence.
Example 3:
Scenario: Mohan, a 40-year-old man, was sentenced to 7 years in prison for assault. After serving 4 years, he applies for remission of his sentence.
Application: Mohan submits an application to the State Government requesting remission of his remaining sentence. The State Government reviews his application and asks the presiding Judge of the Court that convicted Mohan to provide an opinion on whether the remission should be granted.
Outcome: The Judge reviews Mohan's behavior in prison and the circumstances of his crime, and provides a negative opinion, recommending against remission. The State Government, considering the Judge's opinion and Mohan's behavior in prison, decides not to remit the remaining 3 years of his sentence. Mohan continues to serve his sentence in prison.
Example 4:
Scenario: Suresh, a 35-year-old man, was sentenced to 10 years in prison for drug trafficking. After serving 6 years, he applies for suspension of his sentence due to his good conduct and participation in rehabilitation programs.
Application: Suresh submits an application to the State Government for suspension of his sentence, citing his good conduct and participation in rehabilitation programs. The State Government reviews his application and asks the presiding Judge of the Court that convicted Suresh to provide an opinion on the application.
Outcome: The Judge reviews Suresh's behavior in prison and his participation in rehabilitation programs, and provides a positive opinion, recommending suspension. The State Government, considering the Judge's opinion and Suresh's good conduct, decides to suspend the remaining 4 years of his sentence on the condition that he continues to participate in rehabilitation programs and reports to the authorities regularly. If Suresh fails to comply with the conditions, the suspension can be canceled, and he can be re-arrested to serve the remaining sentence.