Section 5 BNS: Commutation of sentence

Bharatiya Nyaya Sanhita, 2023

Section 5 BNS at a Glance

Section 5 BNS deals with commutation of sentence. It replaced Section 55 IPC on 1 July 2024.

Punishment

None. Section 5 BNS creates no offence.

IPC Equivalent

Section 55 →

Section 5 BNS Bare Act Text

5. Commutation of sentence of imprisonment for life

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.

Source: Section 5, Bharatiya Nyaya Sanhita, 2023

Section 5 BNS in Simple Words

Section 5 of the Bharatiya Nyaya Sanhita (BNS) deals with the commutation of sentences.

It provides that the appropriate Government may, without the consent of the offender, commute any punishment under the Sanhita to any other punishment in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Explanation to the section defines the appropriate Government: it is the Central Government where the sentence is a sentence of death or is for an offence against a law relating to a matter to which the executive power of the Union extends, and it is the State Government of the State within which the offender is sentenced 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.

Ingredients of Section 5 BNS

  • A punishment under the Sanhita has been passed on the offender
  • The appropriate Government commutes the punishment to any other punishment in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023
  • The commutation may be made without the consent of the offender
  • 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
  • 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

Punishment Under Section 5 BNS

Imprisonment

None. Section 5 BNS creates no offence.

Fine

None.

Section 5 BNS is a power of the appropriate Government. It has no entry in the First Schedule to the BNSS.

Example of Section 5 BNS

In Nagpur, Sunita is sentenced to imprisonment for life for murder under Section 103(1) BNS. The appropriate Government commutes her sentence to rigorous imprisonment in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Rigorous imprisonment is one of the punishments Section 4 BNS lists, and under Section 5 BNS the commutation stands even though Sunita has not agreed to it.

When Section 5 BNS Does Not Apply

  • A commutation ordered by an authority that is not the appropriate Government under the Explanation to Section 5 BNS
  • A commutation that is not in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Section 5 BNS in the IPC (Previous Law)

Section 5 BNS replaces Section 55 IPC from the old criminal code.

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.

View IPC Section 55 →

FAQs on Section 5 BNS

What does Section 5 of the Bharatiya Nyaya Sanhita mean?▼

Section 5 BNS allows the appropriate Government to change one punishment under the Sanhita into another punishment. It can do this even without the offender's consent. The change has to be in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Under Section 5 BNS, can the government reduce or change a criminal sentence without my consent?▼

Yes. Section 5 BNS says the appropriate Government may commute a punishment without the consent of the offender. Whether and how it can be changed is governed by Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Who is the appropriate Government under Section 5 BNS?▼

It depends on the case. If the sentence is death, or the offence is under a law on a matter where the Union's executive power extends, the Central Government is the appropriate Government. If the offence relates to a matter where the State's executive power extends, the State Government where the offender is sentenced is the appropriate Government.

Does Section 5 BNS itself give a punishment or create an offence?▼

No. Section 5 BNS does not create a separate offence and does not itself prescribe a punishment. It only gives the appropriate Government the power to commute a punishment under the Sanhita, subject to Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Have questions about Section 5 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·