Bharatiya Nyaya Sanhita, 2023 · Chapter II: Of Punishments

Section 5 BNS: Commutation of sentence

Corresponding IPC: Section 54, 55, 55A IPC
Note: Commutation now refers to section 474 of the BNSS; IPC 54, 55 and 55A are merged.

Bare Act 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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows the appropriate Government to commute any punishment to another punishment without the offender's consent, in accordance with section 474 of the BNSS. The Explanation says whether the Central or State Government is the appropriate Government.