BNSS Section 474: Power to commute sentence (formerly CrPC 433)
Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024
BNSS 474: Power to commute sentence
From 1 July 2024
The appropriate Government may, without the consent of the person sentenced, commute—
(a) a sentence of death, for imprisonment for life;
(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;
(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years;
(d) a sentence of imprisonment for less than seven years, for fine;
(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.
What it replaced in the CrPC
BNSS 474 ← CrPC 433 · Power to commute sentenceChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Five new clauses are added regarding commutation of sentence and four clauses are excluded from 433 CrPC.
Printed in both official correspondence tables (BPR&D and NCRB).
The appropriate Government may, without the consent of the person sentenced, commute—
(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);
(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;
(d) a sentence of simple imprisonment, for fine.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 433
They remain the law on CrPC 433. 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 Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 35.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 42.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), 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.