Remission etc.

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.
(2) Whenever an applications is made to the Provincial Government for the suspension or remission of a
sentence Ihe 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
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.
(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 Central Government, any condition thereby imposed, of 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 suspension of sentences and the conditions on which petition should be presented and dealt with.

402. Power to commute punishment. (1) The Provincial Government may, without the consent of the
persons sentenced, commute any one of the following sentences for any other mentioned after it: Death,
[imprisonment for life], rigorous imprisonment for a term not exceeding that to which he might have been
sentenced, simple imprisonment for a like term, fine.
(2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Pakistan Penal Code.

402-A. Sentence of death. The powers conferred by section 401 or 402 upon the Provincial Government
may, in the case of sentences of death, also be exercised by the President.

[402-B. Certain restrictions on the exercise of powers by Provincial Government. Notwithstanding
anything contained in section 401 or section 402, the Provincial Government shall not, except with the
previous approval of the President, exercise the powers conferred thereby in a case where the President has passed any orders in exercise of his powers under the Constitution to grant pardons, reprieves and respites or to remit, suspend or commute any sentence or of his powers under section. 402-A.]

("402-C. Remission or commutation of certain sentences not to be without consent. Notwithstanding
anything contained in section 401, section 402, section 402A or section 402B, the Provincial Government,
the Federal Government or the President shall not, without the consent of the victim or, as the case may be, of his heirs, suspend remit or commute any sentence passed under any of the section in Chapter XVI of the Pakistan Penal Code.')

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