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BNS · Section 5 · Chapter II — OF PUNISHMENTS

Commutation of sentence

What this section does

This section empowers the appropriate Government to commute any punishment awarded under the Sanhita to any other punishment, without requiring the offender's consent, in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023. It defines 'appropriate Government' as the Central Government for death sentences or offences under Union subjects, and the State Government for offences under State subjects.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Practitioner note

The commutation power is exercised in accordance with the procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (the procedural code). Practitioners should refer to that Sanhita for the mechanics of commutation.

Old-law correspondence

Derived from IPC s.54.

Read the official text

For the binding statutory text of BNS Section 5, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 5 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.