What Is BNSS Section 478?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 478: State Government to Act After Concurrence with Central Government in Certain Cases

(1) The powers conferred by sections 474 and 475 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.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates that the State Government must obtain concurrence from the Central Government before exercising powers to remit or commute sentences in certain cases, particularly those involving offences investigated under Central Acts, those affecting Central Government property, or those committed by individuals in Central Government service. Additionally, any orders related to suspension, remission, or commutation of sentences must also involve the Central Government when the offences pertain to matters under the Union's executive power.

Question & Answers

Q1: What does Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 require from the State Government?

A1: Section 478 requires the State Government to obtain concurrence from the Central Government before exercising powers to remit or commute sentences in certain specified cases.

Q2: In which cases must the State Government seek concurrence from the Central Government?

A2: The State Government must seek concurrence in cases involving offences that:
(a) were investigated by agencies under any Central Act;
(b) involved misappropriation or damage to Central Government property;
(c) were committed by individuals in the service of the Central Government while acting in official capacity.

Q3: What is required for an order of suspension, remission, or commutation to have effect?

A3: An order from the Central Government regarding the same sentences must also be made for the order to take effect, especially in cases where offences relate to matters under the executive power of the Union.

Example

• Example 1: If a State Government wishes to commute the sentence of a person convicted of misappropriating Central Government property, it must first get approval from the Central Government.
• Example 2: A prisoner convicted of multiple offences, some of which fall under the Union's executive power, cannot have their sentence commuted by the State Government without a corresponding order from the Central Government.

Summary

Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates that the State Government must seek approval from the Central Government before remitting or commuting sentences in specific cases related to Central Government authority or property, ensuring that both levels of government are aligned in such decisions.