Section 54 IPC: Commutation of sentence of death

Indian Penal Code, 1860

Section 54 IPC at a Glance

Section 54 IPC deals with commutation of sentence of death. From 1 July 2024 it is replaced by Section 5 BNS.

Punishment

None. Section 54 IPC creates no offence.

BNS Equivalent

Section 5 →

Section 54 IPC Bare Act Text

54. Commutation of sentence of death

In every case in which sentence of death shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

Source: Section 54, Indian Penal Code, 1860

Section 54 IPC in Simple Words

Section 54 of the Indian Penal Code (IPC) lets the appropriate Government commute a sentence of death. In every case in which a sentence of death has been passed, it may commute the punishment for any other punishment provided by the Code, even where the offender does not agree. The section creates no offence and sets no punishment of its own.

Ingredients of Section 54 IPC

  • A sentence of death has been passed
  • The appropriate Government acts
  • It commutes the punishment
  • The substitute is any other punishment provided by the Code
  • The offender need not agree

Punishment Under Section 54 IPC

Imprisonment

None. Section 54 IPC creates no offence.

Fine

None.

Section 54 IPC is a power of the appropriate Government. It has no entry in the First Schedule to the CrPC.

Example of Section 54 IPC

In 2015, a sessions court in Lucknow passed a sentence of death on Mahesh after convicting him of a capital offence under the Indian Penal Code. Mahesh refused to ask for mercy and stated that he did not consent to any change in his sentence. Even without Mahesh's consent, the appropriate Government commuted his death sentence to imprisonment for life, which is another punishment provided by the Code, in the exercise of its power under Section 54 IPC.

When Section 54 IPC Does Not Apply

  • Section 54 IPC does not apply where the court has passed a sentence of imprisonment for life or a term of imprisonment rather than a sentence of death.
  • A private authority or an official body that is not the appropriate Government cannot commute a death sentence under Section 54 IPC.
  • Section 54 IPC does not allow a sentence of death to be commuted to a penalty that is not one of the punishments provided by the Indian Penal Code.

Section 54 IPC in the BNS

Section 54 IPC is now covered under Section 5 BNS.

Section 5 BNS takes in Section 54 IPC, Section 55 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 detailed comparison (IPC 54 vs BNS 5) →

FAQs on Section 54 IPC

What does Section 54 IPC say?▼

That in every case in which a sentence of death has been passed, the appropriate Government may commute the punishment for any other punishment provided by the Code.

Who can commute a sentence of death under Section 54 IPC?▼

The appropriate Government. Section 55A IPC says that for a sentence of death it is the Central Government.

Under Section 54 IPC, must the offender agree to the commutation?▼

No. The section lets the appropriate Government commute the punishment without the offender agreeing.

Under Section 54 IPC, what can a death sentence be commuted to?▼

Any other punishment provided by the Code. Section 53 IPC lists those punishments.

Does Section 54 IPC create an offence?▼

No. It gives a power over a sentence already passed and sets no punishment of its own.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·