BNS Section 5 - Commutation Of Sentence

BNS Section 5 deals with the commutation of sentences, which provides a slightly different perspective on punishment, a change or modification by the Government. This modification gives the "appropriate Government" the power to transform one form of punishment into a different one, without consulting the offender. This section actually collaborates with Section 474 of the BNSS, which acts as a guiding principle for alteration of punishment.

Legal Provision

Section 5 of the BNS ‘Commutation Of Sentence’ states:

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.

Explanations:

For the purposes of this section the expression “appropriate Government” means,

1. 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
2. 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.

Simplified Explanation of BNS Section 5

In simple terms, BNS Section 5 provides for the adjusting of a sentence awarded by a court by the government. In other words, these adjustments include lowering the severity of a punishment or changing its very nature. For example, the death sentence may change to life imprisonment or from a long term of imprisonment to a shorter term or a fine.

The key components of this section are:

• Commutation: This refers to the act of changing one form of punishment to another.
• Appropriate Government: This term is defined within the section, specifying who has the authority to commute a sentence. It depends on whether the offense relates to a matter under the central or state government's jurisdiction.
  • For death sentences or offenses against central laws, the Central Government is the "appropriate Government."
  • For other sentences relating to state laws, the State Government where the offender was sentenced is the "appropriate Government."
• Without Consent: The government can commute a sentence without the offender's permission.
• BNSS Section 474: This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedural guidelines for the commutation of sentences.

Key Details of BNS Section 5

Practical Examples Illustrating BNS Section 5

• Death Sentence Commutation: A person is sentenced to death for an offense against a central law. The President of India, acting on the advice of the Central Government, can commute the death sentence to life imprisonment.
• Imprisonment Reduction: A person is sentenced to 10 years of imprisonment for a state law offense. The Governor of the state, acting on the advice of the State Government, can commute the sentence to 5 years.
• Fine Substitution: A person is sentenced to imprisonment and a fine. The State Government can commute the imprisonment to an increased fine.

Key Improvements and Changes: IPC Section 53 to BNS Section 5

• Although the principal idea is just like IPC Section 53, BNS Section 5 spells out more in detail and alludes to the new code of procedure, BNSS.
• The terminology is updated, and the connection to BNSS Section 474 gives a more integrated context for the process of commutation.
• The BNS and BNSS seek to simplify and streamline the criminal law system, resulting in less confusion.

Conclusion

BNS Section 5 is an essential provision that allows the government the authority to amend sentences. It offers a method of flexibility within the criminal justice system, which enables changes depending on several factors. By properly defining the "appropriate Government" and connecting it with the procedural rules in BNSS Section 474, the BNS allows for a clearer and more efficient process of commutation.

FAQs

A few FAQs based on Section 5 of the BNS are:

Q1. Why was IPC Section 53 revised and replaced with BNS Section 5?

The revision aimed to modernize and streamline the criminal law framework, aligning it with the new procedural code (BNSS). It also aimed to clarify ambiguities and improve consistency.

Q2. What are the main differences between IPC Section 53 and BNS Section 5?

The main difference lies in the updated language and the direct linkage to BNSS Section 474, which provides procedural clarity. BNS Section 5 is more specific in its references to the new legal framework.

Q3. Is BNS Section 5 a bailable or non-bailable offense?

BNS Section 5 itself does not define an offense. It defines the power of commutation of sentence. Therefore, it is not applicable to either bailable or non-bailable offences. The offences themselves are defined in other sections of the BNS.

Q4. What is the punishment for offense under BNS Section 5?

BNS Section 5 does not define punishments for specific offenses. It outlines the government's power to commute sentences. The punishments for individual offenses are detailed in other sections of the BNS.

Q5. What is the fine imposed under BNS Section 5?

BNS Section 5 does not impose fines. It deals with the commutation of sentences, which may involve changing a sentence to a fine or altering a fine.

Q6. Is the offense under BNS Section 5 cognizable or non-cognizable?

BNS Section 5 does not define an offense. Therefore, it is neither cognizable nor non-cognizable. The nature of an offense is determined by other sections of the BNS.

Q7. What is the BNS Section 5 equivalent of IPC Section 53?

BNS Section 5 is the equivalent of IPC Section 53, which also dealt with the commutation of sentences.