THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
OF SUSPENSIONS REMISSIONS AND COMMUTATIONS OF
SENTENCES
401. Power to suspend or remit sentences. (1) When any person has been sentenced to
punishment for an offence, the Provincial Government may at any time without
conditions or upon any conditions which the person sentenced accepts, suspend
the execution of his sentence or remit the whole or any part of the punishment
to which he has been sentenced:
[1][Provided that the Provincial Government shall have
no power to suspend or remit any sentence awarded to an offender under Chapter
XVI of the Pakistan Penal Code if an offence has been committed by him in the
name or on the pretext of karo kari, siyah
kari or similar other customs or practices.]
(2) Whenever
an applications is made to the Provincial Government for the suspension or
remission of a sentence, the Provincial Government, may require the Presiding
Judge of the Court before or by which the conviction was had or confirmed to
state his opinion as to whether the application should be granted or refused,
together with his reason for such opinion and also to forward with the
statement of such opinion a certified copy of the record of the trial or of such
record thereof as exists.
(3) If
any condition on which a sentence has been suspended or remitted is, in the
opinion of the Provincial Government not fulfilled the Provincial Government
may cancel the suspension or remission, and therefore the person in where
favour the sentence has been suspended or remitted may, if at large, be
arrested by any Police-Officer without warrant and remanded to undergo the
unexpired portion of the sentence.
(4) The
condition on which a sentence is suspended or remitted under this section may
be one to be fulfilled by the person in whose favour the sentence is suspended
or remitted, or one independent of his will.
(4-A) The
provisions of the above sub-section shall also apply to any order passed by a
Criminal Court under any section of this Code or of any other law, which
restricts the liberty of any person or imposes any liability upon him or his
property.
(5) Nothing
herein contained shall be deemed to interfere with the right of the President
or of the Central Government when such right is delegated to it to grant
pardons, reprieves, respites or remissions of punishment.
(5-A) Where a conditional pardon is granted by the
President or, in virtue of any powers delegated to it, by the Federal
Government, any condition thereby imposed, or whatever nature, shall be deemed
to have been imposed by a sentence of a competent Court under this Code and
shall be enforceable accordingly.
(6) The Provincial Government may, by general
rules or special orders, give directions as to the suspensions of sentences and
the conditions on which petition should be presented and dealt with.