Section 5: Commutation of Sentence under Bharatiya Nyaya Sanhita, 2023 – BNS
Commutation of Sentence:
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
Section 5 of the Bharatiya Nyaya Sanhita, 2023 deals with the concept of commutation of sentence, outlining the authority and process through which punishments can be changed to other forms of punishment without the consent of the offender. Here’s a clear explanation:
Explanation of Section 5:
- Commute Any Punishment:
- The section empowers the “appropriate Government” to commute (change) any punishment prescribed under the Bharatiya Nyaya Sanhita, 2023 to a different punishment. This can be done in accordance with the provisions laid down in Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Definition of “Appropriate Government”:
- The term “appropriate Government” is defined within the section:
- (a) For sentences related to death or offences falling under Union laws, the Central Government is the appropriate authority.
- (b) For sentences, including death sentences, related to offences falling under State laws, the State Government where the offender is sentenced holds the authority.
- The term “appropriate Government” is defined within the section:
- Purpose and Scope:
- Commutation of sentence allows for flexibility in justice administration. It provides a mechanism where the severity or type of punishment originally imposed can be substituted with another, as deemed suitable by the respective Government.
- Procedure and Application:
- The process of commutation does not require the consent of the offender. Instead, it is an administrative decision undertaken by the appropriate Government based on legal provisions and considerations of justice, fairness, and other relevant factors.
- Legal Context:
- This section ensures that even after a sentence is passed, there remains a legal avenue to modify the form or severity of punishment, thereby balancing the demands of justice with considerations of mercy, reform, or other societal interests.
- Integration with Other Laws:
- By referencing Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the section ensures consistency and compliance with broader legal frameworks governing the commutation of sentences across different legislations.
