Section 55A IPC: Definition of “appropriate Government”

Indian Penal Code, 1860

Section 55A IPC at a Glance

Section 55A IPC deals with definition of “appropriate Government”. From 1 July 2024 it is replaced by Section 5 BNS.

Punishment

None. Section 55A IPC creates no offence.

BNS Equivalent

Section 5 →

Section 55A IPC Bare Act Text

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.

Source: Section 55A, Indian Penal Code, 1860

Section 55A IPC in Simple Words

Section 55A of the Indian Penal Code (IPC) says who the appropriate Government is under Sections 54 and 55 IPC. It is the Central Government where 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.

It is the 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 on a matter to which the executive power of the State extends. The section creates no offence.

Ingredients of Section 55A IPC

  • 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
  • The appropriate Government is then the Central Government
  • 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
  • The appropriate Government is then the Government of the State within which the offender is sentenced

Punishment Under Section 55A IPC

Imprisonment

None. Section 55A IPC creates no offence.

Fine

None.

Section 55A IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 55A IPC

In 2022, in Mysuru, Chandan was sentenced to imprisonment for life for an offence against a law on a matter to which the executive power of the Union extended, while Vasudev was sentenced to death for an offence against a law on a matter to which the executive power of the State extended. For commutation under Sections 54 and 55 IPC, the Central Government was the appropriate Government for Chandan's Union offence and for Vasudev's death sentence, and the Government of Karnataka was also the appropriate Government for Vasudev under Section 55A IPC.

When Section 55A IPC Does Not Apply

  • Section 55A IPC does not define the expression appropriate Government for provisions outside Sections 54 and 55 IPC.
  • The Government of a State where the offender was neither tried nor sentenced is not the appropriate Government under Section 55A IPC.
  • Section 55A IPC does not itself confer a power to commute a sentence or create any punishable offence.

Section 55A IPC in the BNS

Section 55A IPC is now covered under Section 5 BNS.

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.

View detailed comparison (IPC 55A vs BNS 5) →

FAQs on Section 55A IPC

What does Section 55A IPC say?▼

That in Sections 54 and 55 IPC the appropriate Government means the Central Government in some cases and the Government of the State in others.

Under Section 55A IPC, when is the appropriate Government the Central Government?▼

Where 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.

Under Section 55A IPC, when is it the Government of the State?▼

Where 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. It is then the Government of the State within which the offender is sentenced.

Does Section 55A IPC create an offence?▼

No. It defines a term used in two other sections and sets no punishment.

What is the BNS equivalent of Section 55A IPC?▼

The Explanation to Section 5 BNS, which has the same two clauses.

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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 ·