(3) If any condition on which a sentence has been suspended or remitted is, in the 1[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 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.
5[(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 impose any
liability upon him or his property.]
(5) Nothing herein contained shall be deemed to interfere with the right of 6[7the President] or of the
8
[Federal Government] when such right is delegated to 9[it]] to grant pardons, reprieves, respites or
remissions of punishment.
[(5A) Where a conditional pardon is granted by 7[the President] or, in virtue of any powers delegated to
9[it], by the 8[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].
5
(6) The 10* * * 2[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.
[402. Power to commute punishment.(1)] The 10* * *2[Provincial Government] may, without the
consent of the person sentenced, commute any one of the following sentences or any other mentioned after
it:
11
death, 12[imprisonment for life] 13* *, rigorous imprisonment for a term not exceeding that to which he
might have been sentenced, simple imprisonment for a like term, fine.
1 Subs. by the Repealing and Amending Ordinance, 1961 (1 of 1961), section 3 and 2nd Sch., for “opinion of * * * of". The asterisks denote the omission of “G.G in C, or “ which were rep. by A.O.,
1937.
2 Subs. ibid., for "L.G.".
3 The words "as the case may be" rep. ibid.
4 The words “the G.G” in C. or “rep. by A.O., 1937.
5 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 107
6 Subs. by the code of Criminal procedure (Amdt.) Act, 1923 (18 of 1923), for “Her Majesty”.
7 Subs. by A.O, 1961, Art.2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956),
8 Subs. by F.A.O., 1975, Art 2 and Table, for “Central Government" (w.e.f. 28.07.75), which was previously amended by A.O., 1937, for “Governor General”.
9 Subs. ibid., for “him”.
10 The words “G.G. in C. and the “rep. by A.O., 1937.
11 S. 402 was renumbered as subsection (1) of that section by Act 18 of 1923, s. 108. The Chief Commissioner of Karachi shall exercise the powers conferred on a Provincial Government under this
section subject to certain conditions, see Gazette of Paksitan, Extra., 1953, p. 861.
12 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., for "transportation" (w.e.f. 13472).
13 The words "Penal servitude" omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950), sch.
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