Section 477 BNSS: State Government to act after concurrence with Central Government in certain cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 477 BNSS at a Glance
Section 477 BNSS deals with state Government to act after concurrence with Central Government in certain cases. It replaced Section 435 CrPC on 1 July 2024.
Section 477 BNSS Bare Act Text
(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—
(a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Source: Section 477, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 477 BNSS in Simple Words
Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed State Government to act after concurrence with Central Government in certain cases.
The powers conferred by Section 473 BNSS and Section 474 BNSS upon the State Government to remit or commute a sentence, in the cases described in Section 477(1) BNSS, shall not be exercised by the State Government except after concurrence with the Central Government.
Section 477(2) BNSS deals with an order of suspension, remission or commutation passed by the State Government in relation to a person sentenced to separate terms of imprisonment which are to run concurrently.
When Section 477 BNSS Applies
- The powers conferred by Section 473 BNSS and Section 474 BNSS upon the State Government to remit or commute a sentence, in any case described in Section 477(1) BNSS, shall not be exercised by the State Government except after concurrence with the Central Government.
- Under Section 477(1)(a) BNSS, the case is one where the sentence is for an offence which was investigated by any agency empowered to make investigation into an offence under any Central Act other than the Sanhita.
- Under Section 477(1)(b) BNSS, the case is one where the sentence is for an offence which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government.
- Under Section 477(1)(c) BNSS, the case is one where the sentence is for an offence which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty.
- Under Section 477(2) BNSS, no order of suspension, remission or commutation of sentences passed by the State Government, in relation to a person who has been convicted of offences some of which relate to matters to which the executive power of the Union extends and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Example of Section 477 BNSS
When Section 477 BNSS Does Not Apply
- Section 477(1) BNSS speaks of the powers conferred by Section 473 BNSS and Section 474 BNSS upon the State Government to remit or commute a sentence. It does not deal with the concurrent power of the Central Government in case of death sentences, which is found in Section 476 BNSS, Concurrent power of Central Government in case of death sentences.
- Section 477(2) BNSS speaks of a person who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends. It does not deal with a person none of whose offences relate to matters to which the executive power of the Union extends.
- Section 477 BNSS speaks of the powers of the State Government to remit or commute a sentence. It does not deal with the cases in which bail is to be taken, which is found in Section 478 BNSS, In what cases bail to be taken.
Section 477 BNSS in the CrPC (Previous Law)
Section 477 BNSS replaced Section 435 CrPC from 1 July 2024.
From 1 July 2024, Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 435 of the Code of Criminal Procedure, 1973. Section 477(1) BNSS reads concurrence with the Central Government where Section 435(1) CrPC read consultation with the Central Government, and Section 477(1)(a) BNSS does not name the Delhi Special Police Establishment, which Section 435(1)(a) CrPC named. Section 477(1) BNSS refers to Section 473 BNSS and Section 474 BNSS where Section 435(1) CrPC referred to Section 432 CrPC and Section 433 CrPC. Section 477(2) BNSS has the same text as Section 435(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 477 BNSS
When must the State Government obtain the concurrence of the Central Government under Section 477(1) BNSS?▼
The powers conferred by Section 473 BNSS and Section 474 BNSS upon the State Government to remit or commute a sentence shall not be exercised by the State Government except after concurrence with the Central Government, under Section 477(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in any case where the sentence is for an offence described in Section 477(1)(a) BNSS, Section 477(1)(b) BNSS or Section 477(1)(c) BNSS.
Which offences are described in Section 477(1)(a) BNSS?▼
Section 477(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 describes an offence which was investigated by any agency empowered to make investigation into an offence under any Central Act other than the Sanhita.
What does Section 477(2) BNSS say about concurrent sentences?▼
Under Section 477(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no order of suspension, remission or commutation of sentences passed by the State Government in relation to a person who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
What changed from Section 435 CrPC to Section 477 BNSS from 1 July 2024?▼
From 1 July 2024, Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 435 of the Code of Criminal Procedure, 1973. Section 477(1) BNSS reads except after concurrence with the Central Government where Section 435(1) CrPC read except after consultation with the Central Government. Section 477(1)(a) BNSS does not name the Delhi Special Police Establishment, which Section 435(1)(a) CrPC named, and it reads any Central Act other than this Sanhita where Section 435(1)(a) CrPC read any Central Act other than this Code.
Section 477 BNSS: Sub-sections Explained
Section 477(1) BNSS: State Government to act after consultation with Central Government in certain cases
▶
Bare Act Text
(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—
(a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government.
Section 477(2) BNSS: State Government to act after consultation with Central Government in certain cases
▶
Bare Act Text
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Have questions about Section 477 BNSS?
Ask NyayGuru for a plain language explanation, 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 Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·