- Section 412 provides that a Sessions Judge or Magistrate making an order under section 408, 409, 410 or 411 shall record its reasons for making it.
- Provisions relating to Execution, Suspension, Remission and Commutation of Sentences are provided in chapter 32 (Sections 413-435)
- Section 413 provides that when in a case submitted to the High Court for the confirmation of a sentence of Death, the Sessions Court receives the order of confirmation or other order of the High Court thereof, it shall carry out that order.
- Section 414 provides that when a sentence of death is passed by the High Court in appeal or revision, the Court of Session shall, on receiving the order, carry out the order.
- Section 415 says that the execution of sentence of death, in case of appeal of judgment from the High Court to the Supreme Court, shall be postponed until the period allowed for preferring such appeal has expired or until such appeal is disposed of.
- Section 416 of Crpc deals with the power of High Court to commute the sentence of death to life imprisonment in pregnant woman.
- Every warrant for the execution of a sentence may be issued by either the Judge of Magistrate who passed the sentence, or the successor in office.
- Section 417 provides that the State Government may direct in what place any person liable to be imprisoned or committed to custody shall be confined.
- Section 418 provides that where the accused is sentenced to imprisonment for life or for a term, the court passing the sentence shall forward a warrant to the jail in which he is to be confined.
- As per section 419, every warrant for execution shall be directed to the officer in charge of the jail in which the prisoner is to be confined.
- Section 420 provides that the warrant shall be lodged with the Jailor.
- Section 421 says that when an offender has been sentenced to pay a fine, the court passing the sentence may take action for the recovery of the fine in either or in both the ways, ie., it may attach and sell any moveable property of the offender and/or issue a warrant to the collector of the district to realise the amount as arrears of land revenue from the moveable or immoveable property of the defaulter
- Section 422 provides that the warrant issued under section 421 may be executed within the local jurisdiction of such courts and it shall authorise the attachment and sale of any property outside such jurisdiction.
- Section 424 talks about suspension of execution of sentence of imprisonment.
- Section 424 says that the execution of the sentence of imprisonment may be suspended by the court and release the offender on the execution by the offender of a bond, conditioned for his appearance before the court on the dates on or before which payment of fine or installment thereof has to be made.
- If the fine or installment under section 424 is not made on or before the date fixed, the court may direct the sentence of imprisonment to be carried into execution.
- Section 425 says that every warrant for execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor in office.
- Section 426 says that sentence on escaped convicts to take effect immediately.
- Section 427 provides that the sentence on offender already sentenced for another offence shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent sentence shall run concurrently with such previous sentence.
- The execution of death sentence can be postponed in case of possibility of appeal in the Supreme Court and in case of pregnant woman.
- Section 428 provides that the period of detention undergone by the accused to be set off against the sentence of imprisonment. Provided such period of detention should not be imprisonment in default of payment of fine.
- Section 430 provides that when a sentence has been fully executed, the officer executing it shall return the warrant to the court from which it is issued, with an endorsement that the sentence has been executed.
- Section 431 provides that if any money is payable by virtue of any order made by the court and no method of recovery is provided; it shall be recovered as if it were a fine.
- Section 432 deals with the power of appropriate government to suspend or remit sentences.
- If a person is in jail then an application for suspension or remission to the appropriate government will be made through the officer in charge of the Jail. (Section 432)
- Appropriate Government means in cases where the sentence is for an offence against any law relating to matter to which the executive power of the Union extends, the Central Government and in other cases, the Government of the State within which the offender is sentenced.
- Section 433 talks about the power to Appropriate Government to commute sentences.
- Death sentence of an accused may be commuted to fine by the appropriate government under section 433 of Crpc.
- Appropriate government can commute the sentence of imprisonment of life. (Sec 433)
- In case of sentence of death, power to suspend, remit or commute is conferred upon state as well as central government.
- Government can commute the sentence of life imprisonment to 14 years.
- Section 433A provides restriction on powers of remission or commutation.
- Where a sentence of imprisonment of life is imposed upon conviction or where the sentence has been commuted to imprisonment of life under section 433, such person shall not be released from the prison unless he has served at least 14 years of imprisonment.
- In Ashok Kumar Golu vs Union of India, the constitutional validity of section 433-A was upheld.
- Section 434 says that the powers conferred under sections 432 and 433 in case of death sentences can be exercised concurrently by both State and Central Government.
- Section 435 says that the State Government to act after consultation with Central Government in cases of offences investigated by the Delhi Special Police Establishment or cases involving the misappropriation or destruction of or damage to any property belonging to the Central Government or offence committed by a person in the service of the Central Government.
- Provisions relating to bail and bonds are provided in chapter 33 (sections 436-450)
- In a bailable offence, the bail is to be granted as a matter of right both by the police officer and the court. (Section 436)
- Section 436A provides that the maximum period for which an under trial prisoner can be detained one-half of the maximum period of imprisonment specified for that offence, provided it is not an offence for which punishment of death has been specified as one of the punishments.
