Section 5 of the Bharatiya Nyaya Sanhita (BNS) grants the appropriate government the power to reduce or modify a punishment imposed under this law. This commutation can be done without the offender’s consent and in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Key Provisions:
- Authority to Commute Sentences
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The appropriate government has the power to substitute a lesser punishment in place of a higher one.
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This commutation does not require the offender’s consent.
- Definition of “Appropriate Government”
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Central Government: If the sentence is death penalty or the offense falls under the Union’s executive power (e.g., national security laws).
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State Government: If the offense falls under the State’s executive power, the state government where the offender was sentenced has the power to commute the sentence.
How It Protects:
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Ensures that punishments can be modified based on circumstances.
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Allows governments to reconsider harsh sentences, such as the death penalty, in special cases.
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Provides humanitarian relief while maintaining legal accountability.
Example:
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If an offender is sentenced to death, the government may commute it to life imprisonment.
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A life imprisonment sentence can be commuted to a fixed-term imprisonment.
