What Is BNS Section 5?

Bharatiya Nyaya Sanhita, 2023 - Section 4: Commutation of Sentence

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;
• (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.

Brief Explanation

This section empowers the government to change (commute) the sentence of an offender, without the offender's consent. The commutation is done in line with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The section also clarifies what is meant by the term appropriate Government:

• The Central Government in cases where the crime falls under Union executive power or involves the death penalty.
• The State Government in cases where the crime falls under the State's executive power.

Questions and Answers

• What does Section 5 of BNS cover?
  Section 5 of the Bharatiya Nagarik Suraksha Sanhita deals with the commutation of sentences by the appropriate Government without the consent of the offender.
• Can the offender’s sentence be commuted without their consent?
  Yes, the offender’s sentence can be commuted without their consent under this section.
• Which section governs the commutation of punishment under BNS?
  Commutation of punishment under BNS is governed by Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
• Who is responsible for commuting the sentence when the offence falls under the executive power of the Union?
  The Central Government is responsible for commuting the sentence when the offence falls under the executive power of the Union.
• What happens if the crime falls under the State’s executive power?
  If the crime falls under the State’s executive power, the State Government where the offender is sentenced will handle the commutation.

Examples

• If an individual is sentenced to death for an offence against a Union law, the Central Government may commute the death sentence to life imprisonment or another suitable punishment under Section 474 of BNS.
• If an offender in a state is sentenced to 10 years of imprisonment for an offence, the State Government can commute this punishment to a lesser sentence, such as 5 years of imprisonment, without the offender’s consent.

Summary

Section 5 of the Bharatiya Nagarik Suraksha Sanhita allows the appropriate Government (either Central or State) to commute a sentence without the offender’s consent. The Central Government handles cases where the offence falls under Union law, while the State Government handles cases under State law. This commutation follows the guidelines set by Section 474 of the BNS, 2023.