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Bharatiya Nyaya Sanhita, 2023

Section 5, BNS: Commutation of sentence

Pundora · Published 3 October 2026

Section 5 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.

What it replaces

BNS provisionIPC provisionRelation
Section 5Section 54merged — old-column verbatim: 54 & 55
Section 5Section 55merged — old-column verbatim: 54 & 55

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.

The 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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nyaya Sanhita, 2023, section 5 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.