The text has changed
BNS Section 5 is now IPC Section 54
5. Commutation of sentence. (Change)
Old law
BNS §5
5. Commutation of sentence. (Change)
5. The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Explanation.–For the purposes of this section the expression “appropriate Government” means,––
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.
Read more: BNS §5Explanation.–For the purposes of this section the expression “appropriate Government” means,––
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.
New law
IPC §54
54. Commutation of sentence of death.
54. In every case in which sentence of death shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.
Read more: IPC §54Cases registered before 1 July 2024 continue under the old code. This is educational information, not legal advice.