Section 474 BNSS 2023: Power to Commute Sentence
Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the appropriate Government power to substitute certain sentences with specified lesser forms of punishment, without requiring the consent of the sentenced person. The BNSS was brought into force from 1 July 2024, subject to the exception stated in the Central Government commencement notification.
Text of Section 474 - Power to Commute Sentence
The appropriate Government may, without the consent of the person sentenced, commute:
- a sentence of death, for imprisonment for life;
- a sentence of imprisonment for life, for imprisonment for a term not less than seven years;
- a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years;
- a sentence of imprisonment for less than seven years, for fine; and
- a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.
Meaning and Scope of Section 474 BNSS
Commutation means substitution of one form of sentence by another form permitted by law. Section 474 specifies the categories of sentence that may be substituted and the minimum limits that apply in particular cases.
The power is conferred on the "appropriate Government" and may be exercised without the consent of the person sentenced. For Sections 473 and 474, Section 473(7) identifies the appropriate Government. Broadly, the Central Government is the appropriate Government where the sentence concerns a law relating to a matter to which the executive power of the Union extends; in other cases, it is the Government of the State within which the offender was sentenced or the relevant order was passed.
Sentence That May Be Commuted Under Section 474
| Existing sentence | Permitted commutation under Section 474 |
|---|---|
| Death sentence | Imprisonment for life |
| Imprisonment for life | Imprisonment for a term not less than seven years |
| Imprisonment for seven years or more | Imprisonment for a term not less than three years |
| Imprisonment for less than seven years | Fine |
| Rigorous imprisonment | Simple imprisonment for any term to which the person might have been sentenced |
Difference Between Commutation and Remission
Section 473 deals with suspension or remission of sentences, while Section 474 deals specifically with commutation. In simple terms, remission concerns reduction or alteration of the operation of the sentence as permitted by law, whereas commutation substitutes the sentence with another form of punishment allowed by Section 474.
Related Restrictions and Government Powers
Section 475 - Restriction in Certain Life-Sentence Cases
Section 475 places a statutory restriction on release in specified cases. Where life imprisonment is imposed for an offence for which death is one of the punishments, or where a death sentence has been commuted under Section 474 to life imprisonment, the person cannot be released from prison unless at least fourteen years of imprisonment have been served.
Section 476 - Concurrent Power of Central Government
In death-sentence cases, Section 476 also enables the Central Government to exercise the powers conferred by Sections 473 and 474 upon the State Government.
Section 477 - Concurrence of Central Government in Certain Cases
Section 477 requires Central Government concurrence in the categories of cases specified there before the State Government exercises its power of remission or commutation. This includes specified matters connected with Central investigative agencies, Central Government property, and certain offences committed by Central Government servants while acting or purporting to act in the discharge of official duty.
Connection With Section 5 of the Bharatiya Nyaya Sanhita, 2023
Section 5 of the Bharatiya Nyaya Sanhita, 2023 also recognizes the power of the appropriate Government to commute punishment without the consent of the offender, in accordance with Section 474 of the BNSS. The two provisions should therefore be read together when considering commutation of punishment under the new criminal-law framework.
Practical Note
Section 474 creates a statutory power of the appropriate Government; it does not mean that every sentence must be commuted. Any request or decision must be considered under the applicable constitutional provisions, statutory provisions, government policies, and the facts of the particular case.
Official Legal Sources
For the authoritative statutory text and commencement material, consult the official Government sources linked in the sidebar, including India Code and the Ministry of Home Affairs.