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Section 5 of BNS: Commutation of Sentences
Section 5 of BNS is part of Chapter 2 of Punishments in Bharatiya Nyaya Sanhita 2023 Act. It addresses the authority of the appropriate government to commute punishments imposed under the Sanhita, allowing for flexibility in sentencing without requiring the offender's consent. This provision aligns with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensuring that there are mechanisms in place for revising penalties based on the nature of the offence and the circumstances surrounding it.
The section clarifies the definition of ‘appropriate government,’ distinguishing between the Central Government and State Governments depending on the jurisdiction of the offence. This framework emphasises the balance between maintaining justice and allowing for mercy in the legal process.
Definition of BNS Section 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.
Explanation and Illustration of BNS Section 5
Section 5 of the Bharatiya Nyaya Sanhita empowers the appropriate government to commute any punishment specified under the Sanhita to an alternative form of punishment without requiring the offender's consent. This provision allows for a degree of flexibility in sentencing, which can be essential in ensuring that justice is both fair and adaptable to individual circumstances.
The term ‘appropriate government’ is defined within this section, specifying that:
(a) In cases where the sentence is death or pertains to an offence governed by laws under the Union's executive power, the Central Government holds the authority to commute the punishment
(b) In instances where the sentence, regardless of being death or not, relates to laws under the State's executive power, the State Government responsible for the jurisdiction where the offence occurred has the authority to intervene.
Illustration:
Consider a situation where an individual is sentenced to death for a serious offence. The Central Government, upon reviewing the circumstances surrounding the case—such as new evidence, the offender’s rehabilitation potential, or public sentiment—may decide to commute the death sentence to life imprisonment. This action reflects the government’s discretion to adjust punishments in the interest of justice, underscoring the balance between enforcing the law and exercising mercy.
Through this provision, Section 5 facilitates a nuanced approach to justice, allowing for changes in sentencing that can reflect evolving legal and social contexts.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS Section 05
BNS Section 05 grants the State the powers to reduce sentences to lesser forms of punishment upon individual cases either by Central or State.
Commutation of Death Sentence
Commutation of Life Imprisonment:
Life imprisonment can also be commuted to a determinate term. As much as 14 years can be granted in lieu of life imprisonment. For this, the consent of the offender is not necessary as the government has the entire rights.
Definitions and Key Terms:
Differences Between Section 5 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 5 of the Bharatiya Nyaya Sanhita and its equivalent to IPC Section 54 & 55, focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 5 | Commutation of sentence. | 54 & 55 | In this section, a cross reference to BNSS has been made, whereas IPC does not refer to CrPC in this context. |
| Explanation to section 5 | Commutation of sentence. | 55A | The heading is dropped as the IPC section is given as an explanation in BNS. The expression “for the purposes of this” is added. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita?
Understanding the new Bharatiya Nyaya Sanhita laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help:Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear:We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service:Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
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