Section 5 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 5 of the Bharatiya Nyaya Sanhita, 2023 (BNS) addresses the commutation of sentences, granting the "appropriate Government" the authority to change a punishment to another form without the offender's consent.
Key Provisions of Section 5
Commutation Authority: 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.(
Definition of "Appropriate Government":
(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.
This provision allows for flexibility in sentencing, enabling the government to adjust punishments based on various factors, such as the nature of the offence, the offender's behavior, or other relevant considerations.
For a detailed analysis and comparison with previous laws, you can refer to legal resources
Section 5 of the Bharatiya Nyaya Sanhita, 2023 (BNS) addresses the commutation of sentences, granting the "appropriate Government" the authority to change a punishment to another form without the offender's consent.
Key Provisions of Section 5
Commutation Authority: 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.
Definition of "Appropriate Government":
(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.
This provision allows for flexibility in sentencing, enabling the government to adjust punishments based on various factors, such as the nature of the offence, the offender's behavior, or other relevant considerations
RELATED Blog
0 comments