BNS Section 5 — Commutation of sentence
CHAPTER II OF PUNISHMENTS
General
Summary
The appropriate Government may change any punishment given under this Sanhita into a different punishment, and it does not need the offender's permission to do so. This change must be made in line with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The explanation defines what "appropriate Government" means. Under clause (a), if the sentence is a death sentence, or if the offence relates to a matter where the Union's executive power applies, the appropriate Government is the Central Government.
Under clause (b), if the sentence (whether it is a death sentence or not) is for an offence relating to a matter where the State's executive power applies, the appropriate Government is the Government of the State where the offender was sentenced.
Official Text
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.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)