BNS Section 5: Commutation of sentence (formerly IPC 54, IPC 55 and IPC 55A)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 5: Commutation of sentence
From 1 July 2024
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; and
(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.
What it replaced in the IPC
BNS 5 ← IPC 54 · Commutation of sentence of deathChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: In this section, a cross reference to BNSS has been made, whereas IPC does not refer to C rPC in this context.
Printed in both official correspondence tables (BPR&D and NCRB).
In every case in which sentence of death shall have been passed, [the appropriate Government] may, without the consent of the offender, commute the punishment punishment for any other punishment provided by this Code.
BNS 5 ← IPC 55 · Commutation of sentence of imprisonment for lifeChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: In this section, a cross reference to BNSS has been made, whereas IPC does not refer to C rPC in this context.
Printed in both official correspondence tables (BPR&D and NCRB).
In every case in which sentence of [imprisonment] for life shall have been passed, [the appropriate Government] may, without the consent consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
BNS 5, Explanation ← IPC 55A · Definition of “appropriate Government”Changed
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: The heading is dropped as the IPC section is given as an explanation in BNS. The expression “for the purposes of this” is added.
Printed in BPR&D's table only, and the other official table does not list it. Check before relying on it.
In sections fifty-four and fifty-five 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; and
(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.]
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 54
They remain the law on IPC 54. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 4.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 23.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.