Bharatiya Nagarik Suraksha Sanhita, 2023
Section 477 BNSS: State Government to Act After Concurrence with Central Government
Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs specified cases in which a State Government cannot independently exercise its powers to remit or commute a sentence. In the situations identified by the section, concurrence or corresponding action by the Central Government is required.
Text of Section 477 BNSS
477. State Government to act after concurrence with Central Government in certain cases.
(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence-
(a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Meaning and Scope of Section 477
Section 477 places a statutory limitation on the State Government's exercise of sentence-remission and sentence-commutation powers under Section 473 BNSS and Section 474 BNSS.
The provision is designed for cases having a direct Central Government or Union interest. Where the conditions in sub-section (1) are satisfied, the State Government cannot validly exercise the relevant power without concurrence of the Central Government.
When Is Central Government Concurrence Required?
Under Section 477(1), concurrence is required where the sentence concerns an offence falling within any of the following categories:
- Investigation by an empowered Central-law agency: the offence was investigated by an agency empowered to investigate offences under a Central Act other than the BNSS.
- Central Government property: the offence involved misappropriation, destruction of or damage to property belonging to the Central Government.
- Central Government servant: the offence was committed by a person in Central Government service while acting or purporting to act in discharge of official duty.
Concurrent Sentences Involving Matters Within Union Executive Power
Section 477(2) deals with a convicted person who has received separate terms of imprisonment that run concurrently, where some offences relate to matters within the executive power of the Union.
In such a case, a State Government order for suspension, remission or commutation does not take effect unless the Central Government has also made the corresponding order in relation to the offences connected with matters within Union executive power.
Official Legal Sources
For authoritative text and government material, refer to the official India Code text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs page on the new criminal laws.
India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF)
Practical Effect of Section 477
The practical effect of Section 477 is to coordinate State and Central executive action in sentence-remission and sentence-commutation matters that involve a substantial Union interest. The State Government retains the powers given by Sections 473 and 474, but those powers are subject to the additional statutory condition imposed by Section 477 in the cases specifically covered by it.