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Introduction of BNS Section 5

BNS Section 5 explains how the government can change a punishment to a less severe one without needing the offender’s consent. This process follows guidelines from Section 474 of the Bharatiya Nagarik Suraksha Sanhita 2023. It clarifies that the Central Government handles cases involving Union laws and death sentences, while the State Government deals with state-related offenses.


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.


Government commutation of sentences under BNS Section 1605 without offender consent, per Bharatiya Nagarik Suraksha Sanhita 2023.
Overview of BNS Section 5: Government authority to reduce sentences without offender consent.

Section 5 BNS Overview

  1. Authority to Commute Sentences:
    • The government has the power to change (commute) an offender’s punishment to a different punishment.
  2. No Consent Needed:
    • This change can be made without the consent of the offender.
  3. Reference to Section 474:
    • The commutation must align with the guidelines provided in Section 474 of the Bharatiya Nagarik Suraksha Sanhita 2023.
  4. 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.
  5. Purpose:
    • This provision allows for flexibility in the justice system, enabling the government to reduce sentences in certain circumstances.
  6. Scope:
    • Applies to various types of punishments, ensuring that the commutation process is clear and standardized.
  7. Examples:
    • Death penalty commuted to life imprisonment.
    • Rigorous imprisonment commuted to simple imprisonment.
  8. Implementation:
    • The process and criteria for commutation are detailed in Section 474, ensuring consistency and fairness in decision-making.

BNS Section 5

What does BNS Section 5 allow?

Which section provides the guidelines for this process?

What does ‘appropriate government’ mean in this context?

Can a death sentence be commuted 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.


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