Section 476 BNSS 2023: Concurrent Power of Central Government in Death Sentence Cases

Section 476 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the concurrent power of the Central Government in cases involving a sentence of death. It provides that the powers available to the State Government under Sections 473 and 474 may also be exercised by the Central Government where the sentence is one of death.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024. Section 476 forms part of Chapter XXXIV dealing with execution, suspension, remission and commutation of sentences.

Text of Section 476 BNSS

Meaning and Scope of Section 476

Section 476 creates a concurrent statutory power in favour of the Central Government in death-sentence cases. In other words, where Sections 473 and 474 permit the State Government to exercise powers relating to suspension, remission or commutation of a sentence, the Central Government is also empowered to exercise those powers if the sentence imposed is a sentence of death.

The provision is confined to death sentences. It does not, by itself, create a new sentencing power in a court. Instead, it extends to the Central Government the executive powers referred to in Sections 473 and 474 when the case involves capital punishment.

Sections Referred to in Section 476

Section 473 - Power to Suspend or Remit Sentences

Section 473 deals with the power of the appropriate Government to suspend the execution of a sentence or remit the whole or any part of the punishment, subject to the statutory requirements and conditions contained in that section. See Section 473 BNSS - Power to suspend or remit sentences.

Section 474 - Power to Commute Sentence

Section 474 authorises the appropriate Government to commute specified sentences without the consent of the person sentenced. In the case of a death sentence, the provision permits commutation to imprisonment for life. See Section 474 BNSS - Power to commute sentence.

Key Legal Effect of Section 476

Section 476 at a Glance

Provision Section 476, Bharatiya Nagarik Suraksha Sanhita, 2023
Subject Concurrent power of the Central Government in death-sentence cases
Related provisions Sections 473 and 474 BNSS
Nature of power Executive power concerning suspension, remission and commutation as provided by the Sanhita
Applicable sentence Sentence of death
BNSS commencement 1 July 2024

Relationship with Section 477 BNSS

Section 476 and Section 477 deal with different aspects of Central-State executive authority. Section 476 expressly gives the Central Government concurrent power in death-sentence cases. Section 477, on the other hand, addresses specified cases in which the State Government must act after obtaining concurrence of the Central Government. The two provisions should therefore be read according to their separate statutory conditions.

Position Under the Earlier Code of Criminal Procedure

The corresponding subject under the Code of Criminal Procedure, 1973 was contained in Section 434, titled "Concurrent power of Central Government in case of death sentences." Section 476 BNSS continues this subject within the new procedural code.

Official Legal Sources