Criminal Law

Section 5, Commutation of Sentence, The Bharitya Nyaya Sanhita, 2023 (BNS)

Section 5. Commutation of sentence.

—The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Explanation.—For the purposes of this section the expression “appropriate Government” means, —

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

Comments

Section 5 of the BNS gives the power to commute the sentence. It allows the appropriate government to commute any punishment without the consent of the offender to any other offence. It means reducing the punishment in accordance with section 474 of Bharitya Nagrik Suraksha Sanhita, 2023.

Section 474 of the BNSS, 2023 provides power to the appropriate government to reduce the sentence from a sentence of death to imprisonment for life. The sentence of imprisonment for life, for a imprisonment for a term not less than seven years and so on.

The appropriate government here can be either the Central Government or the State Government. The sentence should be related to matter to which the executive power extends.

Corresponding Sections

Section 5 of the BNS, 2023 corresponds with Sections 54 and 55 of the IPC, 1860.

Jeet Sinha

Recent Posts

Procedure of Passing of an Ordinary Bill by the Parliament under the Constitution of India

Introduction Constitutional Framework under Article 107 for passing of Ordinary BillsText of the provisionInterpretation of the…

9 hours ago

Maintenance Procedure, Alteration and Enforcement under S. 145, 146 and 147 BNSS

Section 145. ProcedureEnforcement and Alteration of Maintenance order under BNSSSection 146. Alteration in allowanceInterpretation of…

1 week ago

Maintenance Law under Section 144 BNSS

IntroductionPurpose of Section 144 BNSSBeneficiaries eligible to claim Maintenance ‘Unable to maintain herself’ Judicial Interpretation Who can…

2 weeks ago

Anti Defection Law and Recent AAP Controversy

IntroductionExplanation of Anti Defection LawHow this situation is under exception or not? Interpretation by AAP and other…

3 weeks ago

Examining the Concept of Paternity Leave in India

Introduction In any egalitarian society, inclusion is a fundamental aspect. A progressive society moves towards…

4 weeks ago

Section 479 BNSS: Maximum Period for which under trial prisoner can be detained

IntroductionSection 479 of BNSS:Release of a person under Section 479 BNSS is subject to Judicial…

2 months ago