Section - 5 to 7 - Commutation, Fraction & Partly Rigorous or Simple Imprisonment | BNS, 2023 |

Section - 5 to 7 - Commutation, Fraction & Partly Rigorous or Simple Imprisonment | BNS, 2023

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 a matter to which the executive power of the State extends,
the Government of the State within which the offender is sentenced.
6. In calculating fractions of terms of punishment, imprisonment for life shall be
reckoned as equivalent to imprisonment for twenty years unless otherwise provided.
7. In every case in which an offender is punishable with imprisonment which may be
of either description, it shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly rigorous, or that such
imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous
and the rest simple.

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