Section-5 of Bhartiya Nyaya Sanhita, 2023: Commutation of sentence – with corresponding and equivalent Sections of IPC-Indian Penal Code
| Bhartiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 (corresponding section) |
| 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 | 54. Commutation of sentence of death.—In every case in which sentence of death shall have been passed, 6 [the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code. 55. Commutation of sentence of imprisonment for life.—In every case in which sentence of [imprisonment] for life shall have been passed, [the appropriate Government] may, without the consent consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. [55A. Definition of “appropriate Government”.—In sections fifty-four and fifty-five the expression “appropriate Government” means,— 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 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.] 56. [Sentence of Europeans and Americans to penal servitude. Proviso as to sentence for term exceeding ten years but not for life.] Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949) (w. e. f. 6-4-1949). |