CrPC § 401 — Power to suspend or remit sentences

Statutory text (English)

(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 4[:].
4''[
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 application is made to 3* * * the 1[Provincial Government] for the suspension or
remission of a sentence, 3* * * the 1[Provincial Government], 5* * *, 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 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
2[Provincial Government], 3* * *, not fulfilled, 4* * * the 2[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.
5[(4A) The provisions of the above sub-sections 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 impose 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
[Federal Government] when such right is delegated to
[it]] to grant pardons, reprieves, respites or
remissions of punishment.
[(5A) Where a conditional pardon is granted by
[the President] or, in virtue of any powers delegated to
9[it], by the
[Federal 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 petitions should be presented and dealt with.

Source and verification

Source citation: CrPC (Act V of 1898) s.401: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 149, 150, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 149, 150) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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