State Government to act after concurrence with Central Government in certain cases
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Summary
State Government cannot remit, commute or suspend sentences in cases that concern the Central Government unless it has concurrence from the Central Government. That includes offences investigated by a central agency, damage or misappropriation of Central Government property, or offences by a Central Government servant in the course of duty. If a convict has both Union-related and other convictions with concurrent sentences, a State order will not take effect unless the Central Government has also made a corresponding order for the Union-related offences.
Example
Rohan, a contractor for a central government office, is convicted for damaging a Central Government store and for a separate local theft. The State Government proposes to remit both sentences. Under this rule the State order needs concurrence from the Central Government, and it will not take effect unless the Central Government also orders remission for the offence involving central property.
Bare Act
Enacted text(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence-
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(a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
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(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
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(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
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