Law4u - Made in India

What Is BNSS Section 476?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 476: Restriction on powers of remission or commutation in certain cases.

Notwithstanding anything contained in section 474, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 475 into one of imprisonment for life, such person shall not be released from prison unless he has served at least fourteen years of imprisonment.

Brefe Detail

This section restricts the powers of remission or commutation in specific cases. If a person is sentenced to life imprisonment for an offense that could result in a death sentence, or if their death sentence is commuted to life imprisonment, they must serve a minimum of fourteen years in prison before being eligible for release.

Question & Answers

What does Section 476 state about imprisonment for life?

It states that a person sentenced to imprisonment for life for an offense that could result in death cannot be released until they have served at least fourteen years.

Can a person sentenced to death be released after commutation?

No, if a death sentence is commuted to life imprisonment, the person must still serve at least fourteen years before release.

What is the minimum time a person must serve if sentenced to life imprisonment?

The minimum time to be served is fourteen years.

Are there exceptions to the fourteen-year requirement?

No, the section does not provide exceptions to this requirement for those convicted of serious offenses.

Example

1. If an individual is convicted of murder and sentenced to life imprisonment, they must remain in prison for at least fourteen years before being considered for release.

2. A person whose death sentence is commuted to life imprisonment will also need to serve a minimum of fourteen years in prison.

Summary

Section 476 of the Bharatiya Nagarik Suraksha Sanhita restricts the remission or commutation of sentences for individuals convicted of serious offenses. It mandates that those sentenced to life imprisonment or those whose death sentences are commuted must serve a minimum of fourteen years in prison before being eligible for release.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vikram Sawant Inamdar

Advocate Vikram Sawant Inamdar

Anticipatory Bail, Criminal, Divorce, Cyber Crime, Consumer Court

Get Advice
Advocate kapil kumar

Advocate kapil kumar

Criminal, Anticipatory Bail, Cyber Crime, Divorce, Child Custody, Family, High Court, Cheque Bounce

Get Advice
Advocate Ramesh Chand Azad

Advocate Ramesh Chand Azad

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law, R.T.I

Get Advice
Advocate Daksh Shukla

Advocate Daksh Shukla

Anticipatory Bail, Civil, Consumer Court, Criminal, Labour & Service

Get Advice
Advocate Afridi Mondal

Advocate Afridi Mondal

Civil, Consumer Court, Cheque Bounce, Anticipatory Bail, Wills Trusts

Get Advice
Advocate Sulochana Sahu

Advocate Sulochana Sahu

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Trademark & Copyright

Get Advice
Advocate Abhay Aasthana

Advocate Abhay Aasthana

Cheque Bounce, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue, High Court, Labour & Service, Cyber Crime, Documentation, Civil, Child Custody, Breach of Contract

Get Advice
Advocate Kiran Prajapati

Advocate Kiran Prajapati

Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Property, R.T.I, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.