Section 435 of CrPC : Section 435: State Government to act after consultation with Central Government in certain cases.

Explanation using Example

Example 1:

Scenario: A state government wants to remit the sentence of a government official convicted of corruption.

Details:

• The official was investigated by the Central Bureau of Investigation (CBI), which is part of the Delhi Special Police Establishment.
• The official was found guilty of misappropriating funds that belonged to the Central Government.

Application of Section 435:

• The state government cannot unilaterally decide to remit the sentence.
• The state government must first consult with the Central Government before making any decision regarding the remission of the sentence.

Outcome:

• The state government sends a formal request to the Central Government seeking its opinion on the remission.
• The Central Government reviews the case and provides its input.
• Based on the consultation, the state government makes a final decision on whether to remit the sentence.

Example 2:

Scenario: A state government wants to commute the sentence of a central government employee convicted of damaging central government property.

Details:

• The employee was convicted of intentionally damaging a government vehicle while on duty.
• The investigation was conducted by a central agency under a Central Act.

Application of Section 435:

• The state government must consult with the Central Government before commuting the sentence.
• The state government cannot make a decision in isolation due to the involvement of central government property.

Outcome:

• The state government drafts a proposal to commute the sentence and sends it to the Central Government for consultation.
• The Central Government evaluates the proposal and provides its feedback.
• After receiving the Central Government's input, the state government decides whether to proceed with commuting the sentence.

Example 3:

Scenario: A state government wants to suspend the sentence of a person convicted of multiple offences, some of which fall under the Union's executive power.

Details:

• The person was convicted of several crimes, including some that involve central government interests.
• The person was sentenced to concurrent terms of imprisonment for these offences.

Application of Section 435:

• The state government cannot suspend the sentence without the Central Government also making an order for suspension regarding the offences related to the Union's executive power.
• Both the state and central governments need to coordinate their decisions.

Outcome:

• The state government prepares an order for the suspension of the sentence and sends it to the Central Government.
• The Central Government reviews the order and issues its own suspension order for the relevant offences.
• The suspension of the sentence takes effect only after both governments have issued their respective orders.