Bharatiya Nyaya Sanhita, 2023 · Section 5

BNS 5: earlier IPC 54, 55 and 55A

Section 5 of the Bharatiya Nyaya Sanhita, 2023 replaces Sections 54, 55 and 55A of the Indian Penal Code, 1860. BNS 5 deals with commutation of sentence. It brings 3 old provisions together. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 5 was IPC 54, 55 and 55A.

Commutation of sentence. · It brings 3 old provisions together.

Merged
Came from
47% of the old wording kept
Old · IPC 1860 · Ch. III
s. 54
Commutation of sentence of death
In every case in which sentence of death shall have been passed, 6[the appropriate Government] may, without the consent of the offender, commute the punishment punishment for any other punishment provided by this Code.
Text from the official India Code PDF
New · BNS 2023 · Ch. II
s. 5(a)of section 5
Commutation of sentence.
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.
Text from India Code
Editorial noteDefined in the Explanation to BNS 5 (Commutation of sentence).
Judgments on s. 54 IPCBNS 5 on India Code Source: NCRB section table, with an editorial row

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