BNSS Section 474 — Power to commute sentence

Summary

The appropriate government has the power to change a person's sentence to a less severe one, even if the person does not agree. A death sentence can be changed to life imprisonment. A life sentence can be changed to imprisonment for at least seven years. A sentence of seven years or more can be changed to at least three years, and a sentence of less than seven years can be changed to a fine. A sentence of rigorous imprisonment can be changed to simple imprisonment for any term that the person could have originally received.

Official Text

The appropriate Government may, without the consent of the person sentenced, commute—

(a) a sentence of death, for imprisonment for life;

(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;

(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years;

(d) a sentence of imprisonment for less than seven years, for fine;

(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.

Referred to by

• BNS §5 — Commutation of sentence
• BNSS §473 — Power to suspend or remit sentences
• BNSS §475 — Restriction on powers of remission or commutation in certain cases
• BNSS §476 — Concurrent power of Central Government in case of death sentences
• BNSS §477 — State Government to act after concurrence with Central Government in certain cases

Old <-> New Code Mapping

• CrPC §433 — Power to commute sentence