Bharatiya Nyaya Sanhita, 2023

BNS Section 5

Commutation of sentence

In one line

BNS Section 5 deals with commutation of sentence and replaces IPC 54 & 55.

Bare act text — BNS 5

5. Commutation of sentence.

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.

What changed from the IPC

  • IPC 54 & 55 → BNS 5: In this section, a cross reference to BNSS has been made, whereas IPC does not refer to CrPC in this context.

Frequently asked

What was BNS Section 5 in the IPC?

BNS Section 5 (Commutation of sentence) replaces Section 54 & 55 of the Indian Penal Code, 1860. IPC 54 & 55 is now BNS 5.

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