Legal Article

Section 5 in The Bharatiya Nyaya Sanhita, 2023 – Commutation of sentence.

Section 5 is about Commutation of sentence. 5. 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...

June 30, 2024 Legal Sandook Blog

Section 5 is about Commutation of sentence.

5. 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 amatter to which the executive power of the State extends,
the Government of the State within which the offender is sentenced.