Code of Criminal Procedure, 1898 — Section 402: Power to commute punishment

402. Power to commute punishment.__8[(1)] The 6[* * *] 7[Provincial Government] may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it: death, 9[imprisonment for life] 10[* *], rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine. 11 [(2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Pakistan Penal Code (XLV of 1860).] 12 [402A. Sentences of death. The powers conferred by sections 401 and 402 upon the Provincial Government may, in the case of sentences of death, also be exercised by the 13[President] 14 [* * *]. 15 [402B. 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 402A.] 1 [402C. 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 sections in Chapter XVI of the Pakistan Penal Code.] 2 [402D. Provincial Government not to interfere in sentences of rape. __ Notwithstanding anything contained in section 401, 402 or 402B, the Provincial Government shall not suspend, remit or commute any sentence passed under section 376 of the Pakistan Penal Code (Act XLV of 1860).] CHAPTER XXX OF PREVIOUS ACQUITTALS OR CONVICTIONS