Restriction on powers of remission or commutation in certain cases.
What this section does
Notwithstanding section 473, where a person is sentenced to life imprisonment for an offence for which death is also a prescribed punishment, or where a death sentence has been commuted to life imprisonment under section 474, such person shall not be released from prison unless he has served at least fourteen years of imprisonment.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Appropriate Government · Person sentenced
- Time limit
- Minimum 14 years of imprisonment must be served before release
Practitioner note
The Supreme Court in Union of India v. V. Sriharan @ Murugan (2016) 7 SCC 1 held that the 14-year minimum under the equivalent CrPC provision is mandatory and overrides remission policies of State Governments.
Derived from CrPC s.433A.
Read the official text
For the binding statutory text of BNSS Section 475, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 475 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 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.