Section 401 in The Code of Criminal Procedure, 1989 (1933 A. D.)
401. Power to suspend or remit sentences.
(1)When any person has been sentenced to punishment for an offence, [the Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] 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.(2)Whenever an application is made to [the Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] for the suspension or remission of a sentence, [the Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] 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 reasons for such opinion and also to forward with the statement of such opinion the record of the trial.(3)If any condition on which a sentence has been suspended or remitted is, in the opinion of [the Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] not fulfilled, he may cancel the suspension or remission, and thereupon the person in whose 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.Nothing herein contained shall be deemed to interfere with the right of [the Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] to grant pardon, reprieves, respites or remissions of punishment.(5-a) Where a conditional pardon is granted by [the Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] any condition thereby imposed, of whatever nature, shall be deemed to have been imposed by sentence of a competent Court under this Code and shall be enforceable accordingly.(6)The [Governor] [Sadar-i-Riyasat substituted by Act X of 2010 for 'His Highness' and again 'Governor' substituted for 'Sadar-i-Riyasat' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.] may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with :[Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained unless the person sentenced is in jail, and-(a)where such petition is made by the person sentenced it is presented through the officer-in-charge of the jail ; or(b)where such petition is made by any other person, it contains a declaration that the person sentenced is in jail].
