Execution, Suspension, Remission And Commutation Of Sentences MCQ Quiz - Objective Question with Answer for Execution, Suspension, Remission And Commutation Of Sentences - Download Free PDF

The correct answer is Section 433

Key Points

• Section 433 of the Code of Criminal Procedure, 1973:
  • Empowers the Appropriate Government to commute sentences without the consent of the accused.
  • This power is executive in nature, not judicial.
• What the Government May Do Under Section 433:
  • Commute:
    • A death sentence to life imprisonment.
    • Life imprisonment to imprisonment not exceeding 14 years or to a fine.
    • Rigorous imprisonment to simple imprisonment.
    • Any imprisonment to a fine.
  • Consent of the Accused:
    • Unlike compounding of offences under Section 320, no consent of the convict is required for commutation under Section 433.

Additional Information

• Section 432: Deals with suspension or remission of sentences, not specifically commutation without consent.
• Section 320: Pertains to compounding of offences, which requires the consent of the parties involved.
• Section 321: Deals with the withdrawal from prosecution by the Public Prosecutor with court's consent, not commutation.

The correct answer is Without the consent of the accused 

Key Points

• Section 433 of the Code of Criminal Procedure (CrPC), 1973.
• Power of Commutation:
  • The “appropriate government” (either Central or State, depending on the nature of the offence) has the power to commute (reduce/alter) a sentence:
• Death sentence → any other lesser sentence (like life imprisonment).
• Consent of accused not required:
  • The government can exercise this power suo moto (on its own).
  • No consent of the convict is needed.
• Meaning of "Appropriate Government":
  • If the offence is under Union law or committed under Central authority is Central Government.
  • Otherwise is State Government.

Additional Information

• With the consent of the accused: Not required legally for commutation.
• With the consent of relatives of accused: No legal mandate for relatives' consent.
• With the consent of advocate of the accused: Advocate’s consent is not necessary.

The correct answer is Appropriate Government 

Key Points

• The power to remit sentence is given under Section 432 of the Code of Criminal Procedure (CrPC), 1973.
• Definition of Appropriate Government:
  • It refers to the Central Government for offences under central laws or committed in Union Territories.
  • It refers to the State Government for offences under state laws or committed within the state.
• Meaning of Remission: Remission means reducing the duration of the sentence without changing its nature (e.g., from 7 years to 5 years imprisonment).
• Executive Power:This is an executive function, not a judicial one, and is separate from court powers like suspension or commutation.
• Procedure: The Government can act on its own or on the recommendation of the prison authorities or others, but must follow the legal procedure.
• Restrictions: In certain cases like life imprisonment for an offence where death is one of the punishments, the opinion of the judiciary (as per Section 433A CrPC) is required.
• Different from Pardoning Powers:This is different from Articles 72 (President) and 161 (Governor) powers which are constitutional and broader in scope.

Additional Information

• Supreme Court – Incorrect: The Supreme Court does not exercise remission powers; it only has judicial powers to review or alter sentences through appeal or revision.
• High Court – Incorrect: The High Court may suspend or commute sentences judicially, but the power of remission lies with the Appropriate Government, not the judiciary.
• President – Incorrect: The President has pardoning powers under Article 72 of the Constitution, which is different from remission powers under CrPC, exercised by the Appropriate Government. 

The correct answer is Option 3. 

Key Points

•  Section 430 of CrPC says that :
  • When a sentence has been fully executed, the officer executing it must return the warrant to the Court from which it is issued.
  • The return of the warrant must include an endorsement under the hand of the executing officer certifying the manner in which the sentence has been executed.
• This provision ensures that the Court is informed about the execution of the sentence and the manner in which it was carried out.
• The endorsement provides an official record of the execution, maintaining transparency and accountability in the legal process.

The correct answer is Option 4. 

Key Points

• Section 433 of CrPC relates to the power of the appropriate Government to commute sentences without the consent of the person sentenced.
• The appropriate Government, without the consent of the person sentenced, may commute the following sentences:
  • (a) Sentence of Death: It can be commuted to any other punishment provided by the Indian Penal Code (IPC).
  • (b) Sentence of Imprisonment for Life: It can be commuted to imprisonment for a term not exceeding fourteen years or for a fine.
  • (c) Sentence of Rigorous Imprisonment: It can be commuted to simple imprisonment for any term to which that person might have been sentenced, or for a fine.
  • (d) Sentence of Simple Imprisonment: It can be commuted to a fine.

The correct answer is option 2.Key Points

• Section 428 of Criminal Procedure Code 1973 deals with Period of detention undergone by the accused to be set off against the sentence of imprisonment.
• Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him:
  • Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen years referred to in that section

The correct answer is Option 3. 

Key Points

•  Section 430 of CrPC says that :
  • When a sentence has been fully executed, the officer executing it must return the warrant to the Court from which it is issued.
  • The return of the warrant must include an endorsement under the hand of the executing officer certifying the manner in which the sentence has been executed.
• This provision ensures that the Court is informed about the execution of the sentence and the manner in which it was carried out.
• The endorsement provides an official record of the execution, maintaining transparency and accountability in the legal process.

The correct answer is Option 4. 

Key Points

• Section 433 of CrPC relates to the power of the appropriate Government to commute sentences without the consent of the person sentenced.
• The appropriate Government, without the consent of the person sentenced, may commute the following sentences:
  • (a) Sentence of Death: It can be commuted to any other punishment provided by the Indian Penal Code (IPC).
  • (b) Sentence of Imprisonment for Life: It can be commuted to imprisonment for a term not exceeding fourteen years or for a fine.
  • (c) Sentence of Rigorous Imprisonment: It can be commuted to simple imprisonment for any term to which that person might have been sentenced, or for a fine.
  • (d) Sentence of Simple Imprisonment: It can be commuted to a fine.

The correct answer is Section 433

Key Points

• Section 433 of the Code of Criminal Procedure, 1973:
  • Empowers the Appropriate Government to commute sentences without the consent of the accused.
  • This power is executive in nature, not judicial.
• What the Government May Do Under Section 433:
  • Commute:
    • A death sentence to life imprisonment.
    • Life imprisonment to imprisonment not exceeding 14 years or to a fine.
    • Rigorous imprisonment to simple imprisonment.
    • Any imprisonment to a fine.
  • Consent of the Accused:
    • Unlike compounding of offences under Section 320, no consent of the convict is required for commutation under Section 433.

Additional Information

• Section 432: Deals with suspension or remission of sentences, not specifically commutation without consent.
• Section 320: Pertains to compounding of offences, which requires the consent of the parties involved.
• Section 321: Deals with the withdrawal from prosecution by the Public Prosecutor with court's consent, not commutation.

The correct answer is Without the consent of the accused 

Key Points

• Section 433 of the Code of Criminal Procedure (CrPC), 1973.
• Power of Commutation:
  • The “appropriate government” (either Central or State, depending on the nature of the offence) has the power to commute (reduce/alter) a sentence:
• Death sentence → any other lesser sentence (like life imprisonment).
• Consent of accused not required:
  • The government can exercise this power suo moto (on its own).
  • No consent of the convict is needed.
• Meaning of "Appropriate Government":
  • If the offence is under Union law or committed under Central authority is Central Government.
  • Otherwise is State Government.

Additional Information

• With the consent of the accused: Not required legally for commutation.
• With the consent of relatives of accused: No legal mandate for relatives' consent.
• With the consent of advocate of the accused: Advocate’s consent is not necessary.

The correct answer is Appropriate Government 

Key Points

• The power to remit sentence is given under Section 432 of the Code of Criminal Procedure (CrPC), 1973.
• Definition of Appropriate Government:
  • It refers to the Central Government for offences under central laws or committed in Union Territories.
  • It refers to the State Government for offences under state laws or committed within the state.
• Meaning of Remission: Remission means reducing the duration of the sentence without changing its nature (e.g., from 7 years to 5 years imprisonment).
• Executive Power:This is an executive function, not a judicial one, and is separate from court powers like suspension or commutation.
• Procedure: The Government can act on its own or on the recommendation of the prison authorities or others, but must follow the legal procedure.
• Restrictions: In certain cases like life imprisonment for an offence where death is one of the punishments, the opinion of the judiciary (as per Section 433A CrPC) is required.
• Different from Pardoning Powers:This is different from Articles 72 (President) and 161 (Governor) powers which are constitutional and broader in scope.

Additional Information

• Supreme Court – Incorrect: The Supreme Court does not exercise remission powers; it only has judicial powers to review or alter sentences through appeal or revision.
• High Court – Incorrect: The High Court may suspend or commute sentences judicially, but the power of remission lies with the Appropriate Government, not the judiciary.
• President – Incorrect: The President has pardoning powers under Article 72 of the Constitution, which is different from remission powers under CrPC, exercised by the Appropriate Government. 

The correct answer is 14 Year of Imprisonment 

Key Points Section 433 relates to Power to commute sentences.

It states that :

The appropriate Government may, without the consent of the person sentenced commute : 

• a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
• a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
• a sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine;
• a sentence of simple imprisonment, for fine.

The correct answer is option 2.Key Points

• Section 428 of Criminal Procedure Code 1973 deals with Period of detention undergone by the accused to be set off against the sentence of imprisonment.
• Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him:
  • Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen years referred to in that section

The correct answer is Option 2. 

Key Points SECTION 416 Criminal Procedure Code- Postponement of capital sentence on pregnant woman.

• If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.