IPC 55A→BNS 5

IPC 55A to BNS 5: Definition of “appropriate Government”

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

View IPC Section 55A →View BNS Section 5 →

IPC 55A to BNS 5 at a Glance

Section 55A IPC (Definition of “appropriate Government”) is now Section 5 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 55A to BNS 5?

The definition is not a separate section in the BNS. It is the Explanation to Section 5 BNS, which also covers Section 54 IPC and Section 55 IPC. The two clauses keep the same words, and the BNS ties them to its own section instead of naming Sections 54 and 55 IPC.

IPC 55A vs BNS 5: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section55A5
OffenceDefinition of “appropriate Government”Same
PunishmentNone. Section 55A IPC creates no offence.None. Section 5 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

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

IPC 1860 (repealed)

Section 55A, IPC 1860

55A. Definition of “appropriate Government”.—In sections fifty-four and fifty-five 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.
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 55A vs BNS 5

Under IPC 55A
  1. The sentence is a sentence of death, or is for an offence against a law on a matter to which the executive power of the Union extends
  2. The appropriate Government is then the Central Government
  3. The sentence, whether of death or not, is for an offence against a law on a matter to which the executive power of the State extends
  4. The appropriate Government is then the Government of the State within which the offender is sentenced
Under BNS 5

Same ingredients apply

What IPC 55A to BNS 5 Means for Pending Cases

For Section 55A IPC (now Section 5 BNS): nothing changes in who the appropriate Government is. The two clauses of the Explanation to Section 5 BNS use the same words as Section 55A IPC. What changes is where to look, since the definition now sits inside Section 5 BNS and not in a section of its own.

FAQs: IPC 55A to BNS 5

Section 55A IPC: does the BNS define appropriate Government?▼

Yes. The Explanation to Section 5 BNS defines it in the same two clauses.

Where does Section 55A IPC sit in the BNS?▼

In the Explanation to Section 5 BNS, headed Commutation of sentence.

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

Section 55A 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 55A 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 ·