Section 473 BNSS: Power to Suspend or Remit Sentences
Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the appropriate Government, subject to the statutory conditions, to suspend execution of a sentence or remit the whole or part of the punishment imposed on a convicted person.
Meaning and scope of Section 473 BNSS
Section 473 provides a statutory mechanism by which the appropriate Government may suspend the execution of a sentence or remit the punishment, either wholly or partly. A suspension temporarily keeps the sentence from being executed, while remission reduces the quantum of punishment without setting aside the conviction itself.
The power is executive in character and must be exercised in accordance with the BNSS, applicable remission policies, constitutional requirements, and other statutory restrictions. Section 473 should therefore be read with the connected provisions on commutation, restrictions on remission or commutation, and the respective powers of the Central and State Governments.
Text of Section 473 - Power to suspend or remit sentences
473. (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and-
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 474, the expression "appropriate Government" means,-
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.
Section 473 BNSS explained
1. Power to suspend or remit a sentence
Sub-section (1) authorises the appropriate Government to act at any time after a person has been sentenced. The Government may act without conditions or impose conditions accepted by the sentenced person.
2. Court's opinion may be sought
Under sub-section (2), when an application for suspension or remission is made, the Government may call for the opinion of the presiding Judge of the court that convicted the person or confirmed the conviction. The Judge may give reasons and forward the relevant trial record.
3. Breach of a condition
If a condition attached to suspension or remission is not fulfilled, sub-section (3) permits the Government to cancel the benefit. A person who is at large may then be arrested without warrant and required to undergo the unexpired portion of the sentence.
4. Conditions may depend on, or be independent of, the person
Sub-section (4) makes clear that a condition can be one which the person must perform or one that does not depend on that person's will.
5. Rules for petitions
Sub-section (5) permits the Government to prescribe, by general rules or special orders, how petitions are to be presented and dealt with. For a sentence other than fine imposed on a person above eighteen years, the proviso requires the sentenced person to be in jail and specifies the manner in which the petition must be presented.
6. Application to other restrictive criminal court orders
Sub-section (6) extends the mechanism to criminal court orders under the BNSS or other laws which restrict liberty or impose liability on a person or property.
Who is the "appropriate Government" under Section 473?
| Situation | Appropriate Government |
|---|---|
| The offence or relevant order concerns a law relating to a matter to which the executive power of the Union extends. | Central Government |
| Other cases. | Government of the State within which the offender is sentenced or the order is passed |
Official legal resources
For the authoritative statutory text and commencement notification, refer to the official Ministry of Home Affairs resources:
Frequently asked questions
What does Section 473 BNSS deal with?
It deals with the statutory power of the appropriate Government to suspend execution of a sentence or remit the whole or part of the punishment, subject to the conditions and procedure stated in the section.
Which CrPC provision corresponds to Section 473 BNSS?
Section 473 BNSS broadly corresponds to Section 432 of the Code of Criminal Procedure, 1973, which dealt with the power to suspend or remit sentences.
Can suspension or remission be cancelled?
Yes. If a condition attached to the suspension or remission is not fulfilled, the appropriate Government may cancel it in accordance with sub-section (3).