5
5
Commutation of sentence
Bharatiya Nyaya Sanhita, 2023
Chapter II Of Punishments
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCommutationSentencingGovernment Powers
🗣️ Simple Explanation
What does this law say?
Section 5 of the BNS allows the government to change a person's punishment to a different one. This is called commuting a sentence. The government can do this without the person's permission, but it must follow the rules in another law.
💡 Real Life Example
Amit is sentenced to life imprisonment. The government, under Section 5, decides to commute his sentence to a fixed term in prison. Legal consequence: Amit's time in prison is reduced.
🛡️ KNOW YOUR RIGHTS
- •Understand that the government can change your sentence.
- •Know that this decision is made by the appropriate government.
- •Seek legal advice to understand the process of sentence commutation.
❓ FREQUENTLY ASKED QUESTIONS
Section 5 of the BNS allows the government to change a person's punishment to a different one. This is called commuting a sentence. The government can do this without the person's permission. This section replaces the old Section 433 of CrPC.
The 'appropriate government' decides if a sentence can be changed. This is usually the Central Government or the State Government, depending on the crime. This section replaces the old Section 433 of CrPC.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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