IPC 54→BNS 5

IPC 54 to BNS 5: Commutation of sentence of death

Section 54 IPC (1860) replaced by Section 5 BNS (2023)

View IPC Section 54 →View BNS Section 5 →

IPC 54 to BNS 5 at a Glance

Section 54 IPC (Commutation of sentence of death) is now Section 5 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 54 to BNS 5?

Section 5 BNS takes in Section 54 IPC, Section 55 IPC and the definition of appropriate Government in Section 55A IPC as one section. It speaks of commuting any punishment under the Sanhita to any other punishment, in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IPC 54 vs BNS 5: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section545
OffenceCommutation of sentence of deathSame
PunishmentNone. Section 54 IPC creates no offence.None. Section 5 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 54 and BNS 5: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 54, IPC 1860

54. Commutation of sentence of death.—In every case in which sentence of death shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.
BNS 2023 (in force)

Section 5, BNS 2023

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.

Ingredients: IPC 54 vs BNS 5

Under IPC 54
  1. A sentence of death has been passed
  2. The appropriate Government acts
  3. It commutes the punishment
  4. The substitute is any other punishment provided by the Code
  5. The offender need not agree
Under BNS 5

Same ingredients apply

What IPC 54 to BNS 5 Means for Pending Cases

For Section 54 IPC (now Section 5 BNS): the first part of Section 5 BNS no longer names a death sentence. It speaks of any punishment under the Sanhita, and it sets no term of years. It points to section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for how commutation is done, so the rules for a death sentence are to be read there.

FAQs: IPC 54 to BNS 5

Section 54 IPC: does the BNS keep the power to commute a death sentence?▼

Yes. Section 5 BNS lets the appropriate Government commute any punishment under the Sanhita to any other punishment, even where the offender does not agree.

Where does Section 54 IPC sit in the BNS?▼

In Section 5 BNS, headed Commutation of sentence. It also covers Section 55 IPC and the definition of appropriate Government in Section 55A IPC.

Does Section 54 IPC or Section 5 BNS apply to an act done before 1 July 2024?▼

Section 54 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 54 IPC. Section 5 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·