Introduction of BNS Section 5
BNS Section 5 of the Bharatiya Nyaya Sanhita, 2023 explains how the government can reduce or change punishments without needing the offender’s consent. This section ensures flexibility in the justice system, allowing harsh punishments like death penalty or life imprisonment to be commuted to lesser punishments.
The authority to commute a sentence lies with the Central Government in cases of death sentences and offences under Union laws, while the State Government handles offences under state jurisdiction. The process must follow the guidelines in Section 474 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Bharatiya Nyaya Sanhita (BNS) Section 5 replaces the old Indian Penal Code (IPC) Section 54 and 55.
What is section 5 of BNS ?
BNS Section 5 allows the government to reduce a punishment without the offender’s agreement. This change must follow the rules set out in Section 474 of the Bharatiya Nagarik Suraksha Sanhita 2023. The “appropriate government” refers to the Central Government for Union-related offenses and the State Government for state-related offenses.
Bharatiya Nyaya Sanhita Section 5 /
Without the consent of the offender, the appropriate Government may commute:
- A sentence of death → for any other punishment under this Act.
- A sentence of imprisonment for life → for imprisonment of either description not exceeding fourteen years, or for fine.
- A sentence of rigorous imprisonment → for simple imprisonment for any term to which the person might have been sentenced.
- A sentence of simple imprisonment → for fine.”
Meaning of Section 5
This section gives the Government (Central or State) the power to reduce or change punishments without needing the convict’s approval. It ensures that justice can include mercy and flexibility in suitable cases.
Example → A prisoner sentenced to death can have the punishment reduced to life imprisonment by the Central Government.
Who is Covered?
- Convicts sentenced to death → Sentence may be reduced to life or fixed-term imprisonment.
- Convicts serving life imprisonment → May have it reduced to 14 years maximum or fine.
- Convicts with rigorous imprisonment → May get it changed to simple imprisonment.
- Convicts with simple imprisonment → May have it converted into a fine.
Essential Ingredients
- The power lies only with the appropriate Government (Central or State).
- No consent of the offender is required.
- The process must follow BNSS Section 474 (procedure for commutation).
- Applies to both Union-related and State-related offences.
Punishment under BNS Section 5
- Death Penalty → Can be changed to life imprisonment, term imprisonment, or fine.
- Life Imprisonment → Can be reduced to a maximum of 14 years or fine.
- Rigorous Imprisonment → Can be changed into simple imprisonment.
- Simple Imprisonment → Can be reduced to just a fine.
Legal Classification
- Nature → Procedural and discretionary (not offence-based).
- Bailable / Non-bailable → Not applicable.
- Cognizable / Non-cognizable → Not applicable.
- Trial By → Not applicable (decision made by Government).
Examples of BNS Section 5 in Action
Example 1 – Death Sentence Commuted
A person sentenced to death for murder may have the punishment changed by the Central Government to life imprisonment.
Example 2 – Life Sentence Reduced
A convict serving life imprisonment for 20 years under State law may have it commuted to 12 years.
Example 3 – Rigorous to Simple Imprisonment
A prisoner sentenced to 5 years of rigorous imprisonment may get it reduced to simple imprisonment.
Example 4 – Simple Imprisonment to Fine
A person sentenced to 6 months simple imprisonment for a minor offence may instead be required to pay a fine.
Importance of BNS Section 5
- Provides flexibility in sentencing.
- Brings a balance between punishment and mercy.
- Ensures that the justice system can adapt to circumstances.
- Replaces IPC Sections 54 & 55 with a modern and clearer framework.
Commutation of death sentence India /Life Imprisonment Commutation India
- Authority to Commute Sentences:
- The government has the power to change (commute) an offender’s punishment to a different punishment.
- No Consent Needed:
- This change can be made without the consent of the offender.
- Reference to Section 474:
- The commutation must align with the guidelines provided in Section 474 of the Bharatiya Nagarik Suraksha Sanhita 2023.
- Definition of Appropriate Government:
- Central Government: Handles cases where the sentence is death or involves an offense against laws under the Union’s executive power.
- State Government: Handles cases involving offenses under the state’s executive power, whether the sentence is death or not.
- Purpose:
- This provision allows for flexibility in the justice system, enabling the government to reduce sentences in certain circumstances.
- Scope:
- Applies to various types of punishments, ensuring that the commutation process is clear and standardized.
- Examples:
- Death penalty commuted to life imprisonment.
- Rigorous imprisonment commuted to simple imprisonment.
- Implementation:
- The process and criteria for commutation are detailed in Section 474, ensuring consistency and fairness in decision-making.
Comparison Table: BNS Section 5 vs IPC Sections 54 & 55
| Section | Offense / Provision | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 5 (2023) | Power of the Government to commute punishments (death or life imprisonment) without the offender’s consent, as per BNSS Section 474. |
Death → may be commuted to any other punishment. Life imprisonment → may be reduced to a term not exceeding 14 years or fine. |
Not Applicable (procedural) | Not Applicable (executive power) | Not a trial section — applied by Central or State Government |
| IPC Sections 54 & 55 (Old) | Allowed Government to commute sentences of death or life imprisonment without offender’s consent. |
Death → commutable to any other punishment. Life imprisonment → could be reduced to a term not less than 14 years. |
Not Applicable | Not Applicable | Not a trial section — executive decision by Govt. |
BNS Section 5 FAQs
What does BNS Section 5 allow?
It allows the government to reduce the severity of a punishment without the offender’s consent.
Which section provides the guidelines for this process?
Section 474 of the Bharatiya Nagarik Suraksha Sanhita 2023.
What does ‘appropriate government’ mean in this context?
It means the Central Government for Union-related offenses and the State Government for state-related offenses.
Can a death sentence be commuted without the offender’s consent?
Yes, the government can change a death sentence to a lesser punishment without the offender’s consent.
Does this apply to all types of punishments?
Yes, it applies to various punishments, including death sentences, imprisonment, and fines.
Conclusion
BNS Section 5 of the Bharatiya Nyaya Sanhita, 2023 gives the government the authority to reduce or change punishments like death penalty, life imprisonment, or rigorous imprisonment without needing the offender’s consent.
This section introduces compassion and flexibility into India’s justice system, ensuring punishments are not always rigid but can be adjusted fairly. By replacing IPC Sections 54 & 55, it creates a modern and transparent process that balances justice with humanity.
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Read Next — Related BNS Sections
Finished with BNS Section 5 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
BNS Section 6 — Fractions of Terms of Punishment
https://marriagesolution.in/bns_section/bns-section-6/
BNS Section 7 — Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
https://marriagesolution.in/bns_section/bns-section-7/
BNS Section 8 — Amount of Fine, Liability in Default of Payment of Fine, etc.
https://marriagesolution.in/bns_section/bns-section-8/
BNS Section 9 — Limit of Punishment of Offence Made Up of Several Offences
https://marriagesolution.in/bns_section/bns-section-9/
BNS Section 10 — Punishment of Person Guilty of One of Several Offences, the Judgment Stating that it is Doubtful of Which
https://marriagesolution.in/bns_section/bns-section-10/
Full BNSS Section List
https://marriagesolution.in/bnss_section-list
Full IPC Section List
https://marriagesolution.in/ipc-section-list
Full Indian Law & Blogs
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