Introduction
Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) places a restriction on the State Government’s power to remit or commute sentences in certain cases.
Under this provision, the State Government cannot independently exercise its powers of remission or commutation where the offence has a specified connection with the Central Government, a Central law, Central Government property, or a Central Government employee acting in an official capacity. In such cases, concurrence of the Central Government is required.
Section 477 also deals with cases where a person has been convicted of multiple offences, some of which relate to matters within the executive power of the Union, and separate sentences are directed to run concurrently.
Meaning of Section 477
Section 477 requires the State Government to obtain the concurrence of the Central Government before exercising certain powers of remission or commutation.
The provision is therefore intended to ensure Central Government involvement where the offence has a substantial connection with matters falling within the executive sphere of the Union.
The provision operates in addition to the general powers relating to suspension, remission and commutation contained in Sections 473 and 474 of BNSS.
Statutory Basis
Section 477 is divided into two sub-sections.
Section 477(1) restricts the State Government’s power to remit or commute a sentence in specified cases unless the Central Government gives its concurrence.
Section 477(2) deals with cases involving separate sentences running concurrently, where some of the offences concern matters to which the executive power of the Union extends.
Essential Elements
1. Offence Investigated Under a Central Act
The first category covers an offence that was investigated by an agency empowered to investigate offences under any Central Act other than the BNSS.
Where such an investigation has taken place, the State Government cannot exercise its power to remit or commute the sentence without the concurrence of the Central Government.
2. Offence Involving Central Government Property
The second category concerns an offence involving:
- misappropriation;
- destruction; or
- damage
to property belonging to the Central Government.
Where the offence involves such property, Central Government concurrence is required before the State Government can exercise the relevant power of remission or commutation.
3. Offence Committed by a Central Government Employee
The third category covers an offence committed by a person who is in the service of the Central Government, where the person was acting or purporting to act in the discharge of official duty.
In such circumstances, the State Government cannot exercise the power of remission or commutation without concurrence from the Central Government.
Section 477(2): Concurrent Sentences
Section 477(2) deals with a different situation.
A person may be convicted of several offences, some of which relate to matters to which the executive power of the Union extends. The person may also receive separate terms of imprisonment that are directed to run concurrently.
In such a situation, an order passed by the State Government for suspension, remission or commutation will not take effect unless the Central Government has also made the corresponding order concerning the offences connected with matters falling within the executive power of the Union.
Therefore, the State Government’s order alone is insufficient in the circumstances covered by Section 477(2).
Nature of the Requirement
The requirement under Section 477 is concurrence, not merely consultation.
This distinction is significant.
The State Government must obtain the Central Government’s agreement before exercising the relevant power in the cases covered by Section 477(1).
The provision therefore imposes a stronger requirement than a mere obligation to consult the Central Government.
Relationship with Section 473
Section 473 BNSS deals with the power to suspend or remit sentences.
Section 477 restricts the State Government’s exercise of that power in specified cases.
Therefore, even where the State Government possesses a general power of remission under Section 473, it must obtain Central Government concurrence where Section 477 applies.
Relationship with Section 474
Section 474 BNSS deals with the power to commute sentences.
Section 477 similarly restricts the State Government’s power to commute a sentence in the specified categories of cases unless the Central Government concurs.
Thus, Sections 474 and 477 must be read together when determining whether the State Government can independently commute a sentence.
Procedure
Where a case falls within Section 477(1):
- The State Government considers a request for remission or commutation.
- The Government determines whether the case falls within any of the categories specified in Section 477.
- If Section 477 applies, the State Government cannot exercise the relevant power independently.
- The matter requires concurrence of the Central Government.
- The State Government may exercise the power only after obtaining the required concurrence.
For cases covered by Section 477(2), the relevant order of the Central Government must also be made before the State Government’s order can take effect in respect of the sentences connected with matters within the executive power of the Union.
Important Distinctions
Consultation and Concurrence
Under the former CrPC framework, the corresponding provision referred to consultation with the Central Government.
Section 477 BNSS uses the expression concurrence.
Consultation involves seeking and considering the views of another authority, whereas concurrence requires agreement before the State Government can exercise the relevant power.
Section 476 and Section 477
Section 476 gives the Central Government concurrent power in cases involving death sentences.
Section 477 deals with specified cases where the State Government’s power of remission or commutation is subject to Central Government concurrence.
The provisions therefore operate in different circumstances.
Remission and Commutation
Remission reduces the extent of a sentence without changing its essential character.
Commutation substitutes one form of punishment with another.
Section 477 regulates the State Government’s exercise of both powers in the cases specified by the provision.
BNSS and CrPC
Section 477 BNSS corresponds to Section 435 of the Code of Criminal Procedure, 1973 (CrPC).
The basic categories of cases covered by the provision have been retained.
However, there is an important textual change. Section 435 CrPC required the State Government to act after consultation with the Central Government, whereas Section 477 BNSS requires concurrence with the Central Government.
This changes the nature of Central Government involvement from consultation to concurrence.
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: State Government to Act After Concurrence with Central Government
- BNSS Section: Section 477
- Primary authorities: State Government and Central Government
- Main requirement: Central Government concurrence in specified cases
- Relevant powers: Remission and commutation
- First category: Offences investigated under a Central Act by an authorised agency
- Second category: Offences involving Central Government property
- Third category: Offences committed by Central Government employees in the discharge of official duty
- Section 477(2): Deals with separate concurrent sentences involving offences connected with matters within the executive power of the Union
- Corresponding CrPC provision: Section 435
Quick Revision
- Section 477 BNSS regulates the State Government’s power to remit or commute sentences in certain cases.
- Central Government concurrence is required in the cases specified under Section 477(1).
- The provision covers offences investigated under a Central Act by an authorised agency.
- It also covers offences involving misappropriation, destruction or damage to Central Government property.
- It further covers offences committed by Central Government employees while acting or purporting to act in the discharge of official duty.
- Section 477(2) concerns multiple offences where separate sentences run concurrently and some offences relate to matters within the executive power of the Union.
- The corresponding CrPC provision was Section 435.
- A significant change under BNSS is the replacement of “consultation” with “concurrence”.
- Section 477 must be read with Sections 473 and 474.
ASLO READ: Section 476 – Concurrent power of Central Government in case of death sentences
Conclusion
Section 477 BNSS creates an important statutory check on the State Government’s power to remit or commute sentences in cases having a significant connection with the Central Government or matters within the executive power of the Union. The shift from consultation under Section 435 of the CrPC to concurrence under Section 477 of BNSS gives the Central Government a more direct role in the exercise of remission and commutation powers in the specified cases.
