Section 474 BNSS: Power to commute sentence
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 474 BNSS at a Glance
Section 474 BNSS deals with power to commute sentence. It replaced Section 433 CrPC on 1 July 2024.
Section 474 BNSS Bare Act Text
474. Power to commute sentence
The appropriate Government may, without the consent of the person sentenced, commute—
(a) a sentence of death, for imprisonment for life;
(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;
(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years;
(d) a sentence of imprisonment for less than seven years, for fine;
(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.
Source: Section 474, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 474 BNSS in Simple Words
Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the appropriate Government to reduce a criminal sentence by substituting another punishment of the kind set out in Section 474 BNSS.
Because Section 474 BNSS states that the appropriate Government may commute a sentence without the consent of the person sentenced, the agreement of the prisoner is not required.
Depending on the original punishment, the appropriate Government may commute a death sentence to life imprisonment, reduce life imprisonment or imprisonment for seven years or more to a shorter prison term subject to statutory minimums, commute imprisonment for less than seven years to a fine, or convert rigorous imprisonment into simple imprisonment.
When Section 474 BNSS Applies
- The appropriate Government may exercise the power under Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to substitute a lesser punishment for a convict without the consent of the person sentenced.
- Where a person has been given a sentence of death, the appropriate Government may commute it to imprisonment for life under Section 474(a) BNSS.
- Where a convict is serving a sentence of imprisonment for life, Section 474(b) BNSS allows the appropriate Government to commute it to imprisonment for a term not less than seven years.
- Where a person is sentenced to imprisonment for seven years or more, the appropriate Government may under Section 474(c) BNSS commute the sentence to imprisonment for a term not less than three years.
- Where a convict is serving a sentence of imprisonment for less than seven years, Section 474(d) BNSS permits the appropriate Government to replace that prison sentence with a fine.
- Where a person is sentenced to rigorous imprisonment, the appropriate Government may under Section 474(e) BNSS convert it into simple imprisonment for any term to which that person might have been sentenced.
Time Limits Under Section 474 BNSS
- When a sentence of imprisonment for life is commuted under Section 474(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the substituted prison term must be not less than seven years.Act text: “for imprisonment for a term not less than seven years”
- When a sentence of imprisonment for seven years or more is commuted under Section 474(c) BNSS, the substituted prison term must be not less than three years.Act text: “for imprisonment for a term not less than three years”
- Commutation of a prison sentence into a fine under Section 474(d) BNSS is limited to cases where the original sentence of imprisonment is for a period of less than seven years.Act text: “a sentence of imprisonment for less than seven years, for fine”
Example of Section 474 BNSS
When Section 474 BNSS Does Not Apply
- An authority that is not the appropriate Government cannot commute a sentence under Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 474 BNSS in the CrPC (Previous Law)
Section 474 BNSS replaces Section 433 CrPC from the old criminal code.
Section 433 of the Code of Criminal Procedure, 1973 became Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, and the appropriate Government may still commute a sentence without the consent of the person sentenced. A sentence of death could be commuted under Section 433(a) CrPC for any other punishment provided by the Indian Penal Code, and under Section 474(a) BNSS it may be commuted for imprisonment for life. A sentence of imprisonment for life could be commuted under Section 433(b) CrPC for imprisonment for a term not exceeding fourteen years or for fine, and under Section 474(b) BNSS it may be commuted for imprisonment for a term not less than seven years, so the ceiling of fourteen years and the option of fine are gone and a floor of seven years applies. Section 474(c) BNSS is new and allows a sentence of imprisonment for seven years or more to be commuted for imprisonment for a term not less than three years. Section 433(d) CrPC allowed simple imprisonment to be commuted for fine, and Section 474(d) BNSS allows a sentence of imprisonment for less than seven years to be commuted for fine. Section 474(e) BNSS drops the words or for fine from the clause on rigorous imprisonment.
View CrPC Section 433 →FAQs on Section 474 BNSS
Does the appropriate Government need the consent of the prisoner to commute a sentence under Section 474 BNSS?▼
No, the consent of the prisoner is not required. Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly empowers the appropriate Government to commute a sentence without the consent of the person sentenced. As long as the substituted punishment complies with the limits set out in Section 474 BNSS for that category of sentence, the commutation order is legally effective without the agreement of the convict.
How can a sentence of death or imprisonment for life be commuted under Section 474 BNSS?▼
The appropriate Government may commute a sentence of death only for imprisonment for life under Section 474(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Where the offender is serving a sentence of imprisonment for life, Section 474(b) BNSS permits the appropriate Government to commute that life sentence for imprisonment for a term not less than seven years, without the consent of the person sentenced.
When can a sentence of imprisonment be commuted to a shorter term or a fine under Section 474 BNSS?▼
A sentence of imprisonment for seven years or more may be commuted by the appropriate Government under Section 474(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for imprisonment for a term not less than three years. Under Section 474(d) BNSS, a sentence of imprisonment for less than seven years may be commuted for a fine. In addition, Section 474(e) BNSS allows rigorous imprisonment to be commuted for simple imprisonment for any term to which that person might have been sentenced.
What changed from Section 433 CrPC to Section 474 BNSS from 1 July 2024?▼
From 1 July 2024, Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 433 of the Code of Criminal Procedure, 1973. Under Section 474 BNSS, a death sentence may be commuted only to life imprisonment, and life imprisonment only to imprisonment for not less than seven years. It also sets a minimum of three years for commuting imprisonment of seven years or more, limits commutation for a fine to imprisonment of less than seven years, and drops the words or for fine from the clause on rigorous imprisonment, although a sentence of imprisonment for less than seven years may still be commuted for fine under Section 474(d) BNSS.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·