Cr.P.C Section 401

Power to suspend or remit sentences.

(1) When any person has been sentenced to punishment for an offence, [* * *] the 1[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 [:]

[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 [* * *] the [Provincial Government] for the suspension or remission of a sentence, [* * *] the 1[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 reasons for such opinion 6[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 1[Provincial Government], [* * *], not fulfilled, [* * *] the 1[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 policeofficer 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.

(4A) The provisions of the above subsections 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 [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 [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 [* * *] 7[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.