Introduction
Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the commutation of sentences. It empowers the appropriate Government to substitute one form of punishment with another, without requiring the consent of the person who has been sentenced.
Commutation does not erase the conviction. Instead, it changes the nature or form of the sentence in accordance with the limits prescribed by the statute.
Meaning of Commutation of Sentence
Commutation means the substitution of a lesser or different form of punishment for the punishment originally imposed by the Court.
For example, a sentence of death may be commuted to imprisonment for life. Similarly, rigorous imprisonment may be commuted to simple imprisonment.
The power under Section 474 is an executive power exercised by the appropriate Government and is distinct from the Court’s power to impose the original sentence.
Statutory Basis
Section 474 of BNSS provides that the appropriate Government may, without the consent of the person sentenced, commute the following sentences:
- Death sentence may be commuted to imprisonment for life.
- Imprisonment for life may be commuted to imprisonment for a term of not less than seven years.
- Imprisonment for seven years or more may be commuted to imprisonment for a term of not less than three years.
- Imprisonment for less than seven years may be commuted to fine.
- Rigorous imprisonment may be commuted to simple imprisonment for any term for which the person could have been sentenced.
Essential Elements
1. Power belongs to the Appropriate Government
The power to commute a sentence under Section 474 is vested in the appropriate Government.
The expression “appropriate Government” is explained in Section 473(7), which also applies for the purposes of Section 474.
Generally, the Central Government is the appropriate Government where the offence concerns a matter to which the executive power of the Union extends. In other cases, the State Government within whose jurisdiction the offender was sentenced or the relevant order was passed is the appropriate Government.
2. Consent of the Sentenced Person is Not Required
The Government can exercise the power of commutation without obtaining the consent of the person sentenced.
Therefore, commutation under Section 474 is not dependent upon the convict agreeing to the substituted sentence.
3. The Commutation Must Remain Within Statutory Limits
The Government cannot substitute a sentence in any manner it chooses. Section 474 specifically prescribes the permissible forms of commutation.
For example, a sentence of life imprisonment can be commuted to a fixed term, but that term cannot be less than seven years under Section 474(b).
Similarly, imprisonment of seven years or more may be commuted to a term of imprisonment of not less than three years.
4. Rigorous Imprisonment Can Be Commuted to Simple Imprisonment
Where a person has been sentenced to rigorous imprisonment, Section 474 permits its commutation to simple imprisonment for any term to which that person might have been sentenced.
This concerns the nature of imprisonment, rather than merely reducing the length of the sentence.
Types of Commutation under Section 474
The provision recognises five principal forms of commutation:
Death Sentence to Life Imprisonment
A sentence of death may be commuted to imprisonment for life.
Life Imprisonment to Fixed-Term Imprisonment
A sentence of imprisonment for life may be commuted to imprisonment for a term of not less than seven years.
Seven Years or More to a Shorter Term
A sentence of imprisonment for seven years or more may be commuted to imprisonment for a term of not less than three years.
Imprisonment Below Seven Years to Fine
A sentence of imprisonment for less than seven years may be commuted to fine.
Rigorous to Simple Imprisonment
Rigorous imprisonment may be commuted to simple imprisonment for any term to which the person might have been sentenced.
Relationship with Section 473
Section 473 of BNSS deals with the power to suspend or remit sentences, whereas Section 474 deals specifically with commutation.
Suspension temporarily affects the operation of a sentence, while remission reduces the extent of the sentence without changing its character. Commutation, on the other hand, substitutes one form of sentence for another.
The two powers are therefore distinct even though they appear together within the statutory framework dealing with execution, suspension, remission and commutation of sentences.
Important Limitations
Restriction under Section 475
Section 475 imposes an important restriction on remission and commutation.
Where a person is sentenced to life imprisonment for an offence for which death is one of the punishments provided by law, the person cannot be released from prison unless at least fourteen years of imprisonment have been served.
The same restriction applies where a death sentence has been commuted to life imprisonment under Section 474.
Thus, Section 474 must be read together with Section 475 in cases covered by that provision.
Central Government’s Concurrent Power
Section 476 provides that, in cases involving death sentences, the powers conferred by Sections 473 and 474 upon the State Government may also be exercised by the Central Government.
Cases Requiring Central Government Concurrence
Section 477 further regulates the exercise of remission and commutation powers by the State Government in specified cases, including cases involving investigation by certain Central agencies and offences against laws relating to matters within the executive power of the Union.
Therefore, the power under Section 474 is subject to the broader statutory framework contained in Sections 475 to 477.
Section 474 and BNS
The Bharatiya Nyaya Sanhita, 2023 deals with substantive criminal punishments, while BNSS provides the procedural framework concerning their execution, suspension, remission and commutation.
Section 5 of the BNS specifically provides that the appropriate Government may, without the offender’s consent, commute a punishment under the BNS in accordance with Section 474 of the BNSS.
Thus, Section 474 BNSS provides the principal procedural mechanism for the commutation of sentences imposed under the criminal law framework.
BNSS and CrPC
Section 474 of BNSS corresponds substantially to Section 433 of the Code of Criminal Procedure, 1973 (CrPC).
The basic framework has been retained under BNSS. The provision continues to recognise the Government’s power to commute:
- death to life imprisonment;
- life imprisonment to a fixed term subject to the statutory minimum;
- longer imprisonment to a shorter term subject to the statutory minimum;
- imprisonment below seven years to fine; and
- rigorous imprisonment to simple imprisonment.
The corresponding restrictions concerning certain life sentences and death sentences are now situated in Sections 475 and 476 of BNSS.
Important Distinctions
Commutation and Remission
Commutation substitutes one sentence with another form of punishment permitted by law.
Remission reduces the extent of a sentence without changing its essential character.
For example, changing rigorous imprisonment to simple imprisonment is commutation, whereas reducing the period of an imprisonment sentence while retaining imprisonment as the form of punishment is remission.
Commutation and Pardon
Commutation does not amount to wiping out the conviction or declaring the person innocent. It substitutes the punishment in accordance with statutory authority.
A pardon is a distinct constitutional or statutory clemency power and has a broader legal effect.
Commutation and Suspension
Suspension temporarily stops or postpones the operation of a sentence. Commutation substitutes the sentence with another permissible punishment.
Important BNSS Provisions
- 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.
Topic at a Glance
- Topic: Power to Commute Sentence
- BNSS Section: Section 474
- Authority: Appropriate Government
- Consent of convict: Not required
- Death: May be commuted to life imprisonment
- Life imprisonment: May be commuted to a term of not less than seven years
- Imprisonment of seven years or more: May be commuted to a term of not less than three years
- Imprisonment below seven years: May be commuted to fine
- Rigorous imprisonment: May be commuted to simple imprisonment
- Important restriction: Section 475
- Corresponding CrPC provision: Section 433
Quick Revision
- Section 474 BNSS deals with the power to commute sentence.
- The power is exercised by the appropriate Government.
- The convict’s consent is not required.
- Death may be commuted to life imprisonment.
- Life imprisonment may be commuted to imprisonment for not less than seven years.
- Imprisonment of seven years or more may be commuted to a term of not less than three years.
- Imprisonment for less than seven years may be commuted to fine.
- Rigorous imprisonment may be commuted to simple imprisonment.
- Section 475 imposes restrictions in specified cases involving life imprisonment and death sentences.
- Section 476 recognises the Central Government’s concurrent power in cases of death sentences.
- Section 474 substantially corresponds to Section 433 of the CrPC.
ALSO READ: Section 473 – Power to suspend or remit sentences
Conclusion
Section 474 BNSS provides the statutory mechanism through which the appropriate Government can substitute an imposed sentence with another legally permissible form of punishment. The provision preserves executive control over commutation while placing clear statutory limits on the nature and extent of the substituted sentence. It must be read alongside Sections 473, 475, 476 and 477 to understand the complete framework governing executive powers over criminal sentences.
