Section 473 – Power to Suspend or Remit Sentences

Introduction

Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power to suspend the execution of a sentence or remit the whole or part of a sentence.

The provision gives the appropriate Government the authority to suspend or remit a sentence, either unconditionally or subject to conditions accepted by the person sentenced.

In simple terms:

Sentence imposed → Appropriate Government considers suspension/remission → Sentence may be suspended or punishment may be reduced

Section 473 is part of the BNSS provisions dealing with suspension, remission and commutation of sentences.

Meaning of Section 473

Section 473 provides that when a person has been sentenced for an offence, the appropriate Government may, at any time:

• suspend the execution of the sentence, or
• remit the whole or any part of the punishment.

This power may be exercised:

• without conditions; or
• subject to conditions which the sentenced person accepts.

The provision therefore gives the Government a statutory power to alter the execution or extent of punishment without setting aside the conviction itself.

What Is Suspension of Sentence?

Suspension means stopping or postponing the execution of the sentence.

The sentence itself is not necessarily erased.

For example, if a person is sentenced to imprisonment and the execution of that sentence is suspended, the person may be released subject to the terms of the suspension.

The suspension may be:

• unconditional; or
• conditional.

What Is Remission?

Remission means reducing the punishment without changing the nature of the sentence.

For example, if a person is sentenced to a particular period of imprisonment and part of the sentence is remitted, the person may be required to undergo a shorter period of imprisonment.

The conviction remains unaffected.

Simple distinction:

Suspension → Execution of sentence is stopped or postponed

Remission → Whole or part of punishment is reduced

Who Can Exercise the Power?

The power under Section 473 is exercised by the appropriate Government.

The expression “appropriate Government” is specifically defined for the purposes of Section 473 and Section 474.

Broadly, the relevant Government depends upon the nature of the offence and the extent of executive power involved.

Where the offence concerns a matter within the executive power of the Union, the Central Government is the appropriate Government.

In other cases, the State Government within which the offender was sentenced or the relevant order was passed is the appropriate Government.

Section 473(1) – Power to Suspend or Remit

Section 473(1) provides the basic power.

The appropriate Government may, at any time, suspend the execution of the sentence or remit the whole or any part of the punishment.

The power may be exercised:

Without conditions

or

Subject to conditions accepted by the sentenced person.

Therefore, the Government may attach legally permissible conditions to the suspension or remission.

Example of Suspension

Suppose a person has been sentenced to imprisonment.

The appropriate Government decides to suspend the execution of the sentence subject to specified conditions.

The person must comply with those conditions.

If the conditions are violated, the suspension may subsequently be cancelled in accordance with Section 473.

Example of Remission

Suppose a person has been sentenced to a fixed term of imprisonment.

The appropriate Government decides to remit a portion of the punishment.

The person therefore does not have to undergo the remitted portion, subject to the applicable law and conditions.

The conviction itself remains intact.

Section 473(2) – Opinion of the Presiding Judge

When an application is made to the appropriate Government for suspension or remission, the Government may ask the presiding Judge of the Court before or by which the conviction was made or confirmed to provide an opinion.

The Judge may be asked to state:

• whether the application should be granted or refused;
• the reasons for that opinion; and
• a certified copy of the trial record or the available portion of that record.

This allows the Government to consider the application with the benefit of the judicial record and the opinion of the concerned Court.

Is the Judge’s Opinion Binding?

The provision states that the appropriate Government may require the presiding Judge to provide an opinion.

The Judge’s opinion is therefore an important part of the material that may be considered by the Government.

The statutory power to suspend or remit, however, is vested in the appropriate Government.

Section 473(3) – Cancellation of Suspension or Remission

Section 473 also deals with situations where a condition attached to suspension or remission is not fulfilled.

If, in the opinion of the appropriate Government, the condition has not been fulfilled, the Government may cancel the suspension or remission.

Once cancelled, the person may be required to undergo the unexpired portion of the sentence.

If the person is at large, they may be arrested by a police officer without warrant and remanded to undergo the remaining portion of the sentence.

Example of Cancellation

Suppose a sentence is suspended subject to a condition accepted by the sentenced person.

The person violates the condition.

The appropriate Government may cancel the suspension.

If the person is no longer in custody, a police officer may arrest the person without a warrant and the person may be required to undergo the unexpired portion of the sentence.

Thus:

Suspension → Condition violated → Cancellation → Arrest, if necessary → Remaining sentence

Section 473(4) – Conditions of Suspension or Remission

A condition attached to suspension or remission may be:

• a condition to be fulfilled by the person receiving the benefit; or
• a condition independent of that person’s will.

This means that the condition does not necessarily have to be something that the sentenced person personally performs.

The law recognises both types of conditions.

Section 473(5) – Rules and Orders

The appropriate Government may make:

• general rules; or
• special orders

regarding:

• suspension of sentences;
• conditions attached to suspension; and
• the manner in which petitions should be presented and dealt with.

There is also a specific requirement concerning petitions involving persons above the age of eighteen years where the sentence is imprisonment other than a fine.

Such a petition is generally not entertained unless the sentenced person is in jail, subject to the statutory requirements concerning how the petition is presented.

Section 473(6) – Orders Other Than Sentences

The provisions of Section 473 also apply to certain orders passed by a Criminal Court under the BNSS or another law where those orders:

• restrict the liberty of a person; or
• impose a liability upon the person or their property.

Therefore, the provision is not confined exclusively to conventional imprisonment sentences.

Section 473(7) – Meaning of Appropriate Government

Section 473(7) defines “appropriate Government” for the purposes of Section 473 and Section 474.

Central Government

The Central Government is the appropriate Government where the sentence concerns an offence against, or an order passed under, a law relating to a matter to which the executive power of the Union extends.

State Government

In other cases, the appropriate Government is the Government of the State within which the offender was sentenced or the relevant order was passed.

Suspension vs Remission

These two concepts should not be confused.

Suspension	Remission
Execution of the sentence is suspended	Whole or part of punishment is remitted
Focuses on execution	Focuses on reduction of punishment
May be conditional	May also be conditional
Can be cancelled if a condition is not fulfilled	Can also be cancelled where applicable conditions are violated

Easy way to remember:

Suspension = Stop execution

Remission = Reduce punishment

Section 473 vs Commutation

Section 473 deals with suspension and remission.

Section 474 separately deals with commutation of sentence.

Suspension

Execution of the sentence is suspended.

Remission

Whole or part of the punishment is remitted.

Commutation

One form of punishment is substituted with another form of punishment.

For example, Section 474 permits specified forms of commutation, including commutation of a death sentence to imprisonment for life.

Therefore:

Section 473 → Suspension / Remission

Section 474 → Commutation

Section 473 and Death Sentence

Section 473 contains the general statutory power to suspend or remit sentences.

However, death sentences are subject to additional constitutional and statutory provisions.

The BNSS separately provides for:

• mercy petitions in death-sentence cases;
• commutation of sentences;
• restrictions on remission or commutation in certain cases; and
• concurrent powers concerning death sentences.

Therefore, Section 473 must be read together with the subsequent provisions dealing specifically with death sentences and restrictions on remission.

Section 473 and Section 475

Section 475 imposes restrictions on the power of remission or commutation in certain cases.

For example, where life imprisonment is imposed for an offence for which death is one of the punishments provided by law, or where a death sentence has been commuted to life imprisonment, the person cannot be released from prison unless the person has served at least fourteen years of imprisonment.

Therefore, the power under Section 473 is not unlimited.

It operates subject to the restrictions prescribed by law.

Section 473 and Constitutional Clemency

Section 473 is a statutory power exercised by the appropriate Government.

It should be distinguished from the constitutional clemency powers under:

• Article 72 – President of India;
• Article 161 – Governor of a State.

The constitutional powers are separate from the statutory remission and suspension framework under the BNSS.

Does Remission Cancel the Conviction?

No.

Remission affects the punishment or its execution.

It does not ordinarily erase the finding of guilt or invalidate the conviction.

Does Suspension Mean Acquittal?

No.

Suspension of a sentence does not amount to acquittal.

The conviction remains in force unless it is set aside through an appropriate judicial process.

Can Conditions Be Attached?

Yes.

Section 473 expressly permits suspension or remission to be granted subject to conditions accepted by the sentenced person.

Failure to fulfil an applicable condition can result in cancellation of the suspension or remission.

Practical Illustration

Consider the following situation:

A person is sentenced to imprisonment.

The person applies to the appropriate Government for remission.

The Government considers the application and may seek the opinion of the presiding Judge along with the relevant trial record.

If remission is granted subject to a condition, the person must comply with that condition.

If the condition is not fulfilled, the Government may cancel the remission and the person may be required to undergo the unexpired portion of the sentence.

Common Confusions

Does Section 473 allow the Court to remit a sentence?

The power under Section 473 is vested in the appropriate Government.

Does remission erase the conviction?

No.

It concerns the punishment, not the finding of guilt.

Is suspension the same as remission?

No.

Suspension concerns the execution of the sentence, while remission concerns reduction of the whole or part of the punishment.

Can suspension or remission be conditional?

Yes.

Conditions may be attached where accepted by the sentenced person.

What happens if a condition is violated?

The appropriate Government may cancel the suspension or remission and the person may be required to undergo the unexpired portion of the sentence.

Can the Government seek the trial Judge’s opinion?

Yes.

Under Section 473(2), the appropriate Government may require the presiding Judge to provide an opinion and reasons along with the relevant trial record.

BNSS and CrPC

Section 473 of the BNSS corresponds broadly to Section 432 of the Code of Criminal Procedure, 1973 (CrPC).

Both provisions deal with the power to suspend or remit sentences and provide a framework for applications, judicial opinions, conditions and cancellation of suspension or remission.

The BNSS provision retains this statutory framework while placing it within the new chapter dealing with suspension, remission and commutation of sentences.

Relationship with Nearby Provisions

The surrounding provisions deal with the broader framework of sentence relief:

• Section 472: Mercy petition in death sentence cases
• Section 473: Power to suspend or remit sentences
• Section 474: Power to commute sentence
• Section 475: Restriction on powers of remission or commutation in certain cases
• Section 476: Concurrent power of Central Government in case of death sentences
• Section 477: State Government to act after concurrence with Central Government in certain cases

Section 473 is therefore the principal provision concerning suspension and remission of sentences within this group.

Topic at a Glance

• Topic: Power to suspend or remit sentences
• BNSS Section: Section 473
• Main authority: Appropriate Government
• Power: Suspend execution of sentence or remit whole/part of punishment
• Conditions: May be unconditional or conditional
• Judicial input: Government may seek the presiding Judge’s opinion
• Violation of condition: Suspension/remission may be cancelled
• Effect: Person may be required to undergo the unexpired portion
• Related provision: Section 474 – Power to commute sentence
• CrPC equivalent: Section 432 CrPC

Quick Revision

• Section 473 BNSS deals with suspension and remission of sentences.
• The power is exercised by the appropriate Government.
• Suspension may stop or postpone execution of a sentence.
• Remission may reduce the whole or part of the punishment.
• Suspension or remission may be unconditional or subject to accepted conditions.
• The Government may seek the opinion of the presiding Judge and the relevant trial record.
• Violation of a condition may result in cancellation.
• After cancellation, the person may be required to undergo the unexpired portion of the sentence.
• Section 473 also applies to certain Criminal Court orders restricting liberty or imposing liability on a person or property.
• Section 474 deals with commutation, which is different from suspension and remission.
• Section 473 corresponds broadly to Section 432 of the CrPC.

ALSO READ: Section 472 – Mercy petition in death sentence cases

Conclusion

Section 473 of the BNSS provides the statutory framework for the suspension or remission of sentences. It empowers the appropriate Government to suspend the execution of a sentence or remit the whole or part of the punishment, either unconditionally or subject to accepted conditions. The Government may seek the opinion of the presiding Judge and relevant judicial records before deciding an application. Where an imposed condition is not fulfilled, the suspension or remission may be cancelled and the offender may be required to undergo the unexpired portion of the sentence. The provision therefore plays an important role in the administration and modification of criminal sentences while operating subject to other statutory and constitutional limitations.