Скачать или смотреть Section 5 – Commutation of Sentence by Appropriate Government of BNS, 2023- Chapter 2- Punishments

Section 5 of the Bharatiya Nyaya Sanhita (BNS), 2023 grants the appropriate government (either the Central or State Government) the power to commute a criminal sentence without the consent of the convicted person.

This section allows the following commutations:

Death sentence → Life imprisonment
Life imprisonment → Imprisonment not less than 7 years
7+ years → Imprisonment not less than 3 years
Less than 7 years → Fine
Rigorous imprisonment → Simple imprisonment
Although Section 5 appears broad in its language, the power is not absolute. It is a statutory executive power, which is:
Constitutionally supported by Articles 73 (for Centre) and 162 (for States), which define the scope of executive power over matters in the Union and State Lists respectively.
Subject to judicial review, as established by constitutional jurisprudence. Relevant Case Laws:
Maru Ram v. Union of India (1981)
Held that powers of commutation/remission under statutory or constitutional provisions are not absolute and must be exercised reasonably and fairly.

Epuru Sudhakar v. Government of Andhra Pradesh (2006)
The Supreme Court ruled that executive powers (even under Article 72/161) are subject to judicial review if exercised arbitrarily or with mala fide intent.

Kehar Singh v. Union of India (1989)
Clarified that mercy and commutation powers can include reconsideration of guilt, but must be used cautiously and are reviewable.

Constitutional Aspect

Article 73: Grants the Union executive (Central Government) power to execute laws on matters in the Union List.
Article 162: Grants the State executive similar powers for matters in the State List.
These Articles help determine which government is the "appropriate government" in a given case, as referred to in Section 5.

Section 5 of the BNS is a statutory mechanism that empowers the executive to provide relief by commuting harsh punishments. While this power is essential for ensuring flexibility and mercy within the criminal justice system, it is bound by constitutional principles, case law, and the overarching requirement of fairness, non-discrimination, and public interest.

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This video is made for educational purposes only and is intended to provide general information about the Indian legal system. It does not constitute legal advice.

For any personal legal issue, please consult a qualified advocate or legal advisor.

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