IPC 55→BNS 5

IPC 55 to BNS 5: Commutation of sentence of imprisonment for life

Section 55 IPC (1860) replaced by Section 5 BNS (2023)

View IPC Section 55 →View BNS Section 5 →

IPC 55 to BNS 5 at a Glance

Section 55 IPC (Commutation of sentence of imprisonment for life) is now Section 5 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 55 to BNS 5?

Section 5 BNS takes in Section 55 IPC, Section 54 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 55 vs BNS 5: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section555
OffenceCommutation of sentence of imprisonment for lifeSame
PunishmentNone. Section 55 IPC creates no offence.None. Section 5 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 55 and BNS 5: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 55, IPC 1860

55. Commutation of sentence of imprisonment for life.—In every case in which sentence of imprisonment for life shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
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 55 vs BNS 5

Under IPC 55
  1. A sentence of imprisonment for life has been passed
  2. The appropriate Government acts
  3. It commutes the punishment
  4. The substitute is imprisonment of either description
  5. The term does not exceed fourteen years
  6. The offender need not agree
Under BNS 5
  1. A punishment under the Sanhita has been passed on the offender
  2. The appropriate Government commutes the punishment to any other punishment in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023
  3. The commutation may be made without the consent of the offender
  4. The Central Government is the appropriate Government where the sentence is death or is for an offence against a law relating to a matter to which the executive power of the Union extends
  5. The Government of the State within which the offender is sentenced is the appropriate Government where the sentence, whether of death or not, is for an offence against a law relating to a matter to which the executive power of the State extends

What IPC 55 to BNS 5 Means for Pending Cases

For Section 55 IPC (now Section 5 BNS): the IPC fixed the ceiling on a commuted life sentence in the section itself, at fourteen years of either description of imprisonment. Section 5 BNS repeats neither the term nor the descriptions. It points to section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for how commutation is done, so the limit on a commuted life sentence is to be looked for there.

FAQs: IPC 55 to BNS 5

Section 55 IPC: does the BNS keep the power to commute a life 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. It does not repeat the fourteen year ceiling of Section 55 IPC.

Where does Section 55 IPC sit in the BNS?▼

In Section 5 BNS, headed Commutation of sentence. It also covers Section 54 IPC and the definition of appropriate Government in Section 55A IPC.

Does Section 55 IPC or Section 5 BNS apply to an act done before 1 July 2024?▼

Section 55 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 55 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 ·