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Section 435 — State Government to act after consultation with Central Government in certain cases
435
435
State Government to act after consultation with Central Government in certain cases
Code of Criminal Procedure, 1973
Chapter XXXII Execution, Suspension, Remission and Commutation of Sentences
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
SentencingState GovernmentCentral GovernmentConsultation
🗣️ Simple Explanation
What does this law say? Section 435 of the CrPC says that the State Government must talk to the Central Government before changing a sentence in certain cases. This applies if the crime was investigated by a central agency, involved central government property, or was committed by a central government employee.
Why does this law exist? This law ensures that the Central Government is involved in important cases. It protects the interests of the Central Government. It also ensures consistency in sentencing.
Real-life impact This means the State Government cannot act alone in certain cases. The Central Government must be consulted. This can affect how a sentence is changed.
What happens if you break this law? This section does not describe breaking a law. It describes the process the State Government must follow. The original crime's punishment applies.
💡 Real Life Example

Rahul stole from a Central Government office. The State Government needed to consult the Central Government before changing his sentence. Priya's case was investigated by the CBI. The State Government had to get the Central Government's approval. Amit, a government employee, committed a crime. The State Government consulted the Central Government before any sentence changes.

🛡️ KNOW YOUR RIGHTS
  • •Know that the State Government must consult the Central Government in certain cases.
  • •Understand the reasons for consultation.
  • •Seek legal advice if you are involved in such a case.
  • •Know that both governments will be involved in the decision.
❓ FREQUENTLY ASKED QUESTIONS
Section 435 of the CrPC says that the State Government must consult the Central Government before changing a sentence in specific cases. This includes cases investigated by central agencies, involving central government property, or committed by central government employees. This ensures the Central Government's involvement in important matters.
This section does not deal with bail. It deals with the process of sentence changes. The original crime determines if it is bailable or not. The consultation process does not change the bailability of the original crime.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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