BNS Section 5: Commutation of sentence
Bharatiya Nyaya Sanhita, 2023 · Chapter 2: Of Punishments
Also available in: हिंदी
5. 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 4. Punishments
- 6. Fractions of terms of punishment
- 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
- 8. Amount of fine, liability in default of payment of fine, etc
- 9. Limit of punishment of offence made up of several offences
- 10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which
- 11. Solitary confinement
- 12. Limit of solitary confinement
- 13. Enhanced punishment for certain offences after previous conviction