Introduction
Section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) places a specific restriction on the Government’s power to remit or commute certain sentences.
The provision applies to two categories of life imprisonment cases: where life imprisonment is imposed for an offence that carries death as one of the punishments, and where a death sentence has been commuted to life imprisonment. In either situation, the person cannot be released from prison until at least fourteen years of imprisonment have been served.
Meaning of Section 475
Section 475 operates as a statutory limitation on the powers of remission and commutation available under Section 473.
Ordinarily, the appropriate Government has powers relating to suspension, remission and commutation of sentences. However, Section 475 prevents the release of certain life convicts before they have completed a minimum period of fourteen years of imprisonment.
The restriction applies irrespective of any general power of remission under Section 473.
Statutory Basis
Section 475 of BNSS provides that, notwithstanding anything contained in Section 473, where:
- a sentence of imprisonment for life is imposed for an offence for which death is one of the punishments provided by law; or
- a sentence of death has been commuted under Section 474 into imprisonment for life;
the person shall not be released from prison unless the person has served at least fourteen years of imprisonment.
Essential Elements
1. Life Imprisonment for an Offence Punishable with Death
The first situation arises when a person is sentenced to imprisonment for life for an offence for which death is also one of the punishments provided by law.
In such a case, the Government’s ordinary power of remission cannot result in the person’s release before fourteen years of imprisonment have been served.
2. Death Sentence Commuted to Life Imprisonment
The second situation arises when a sentence of death is commuted under Section 474 into imprisonment for life.
Even after such commutation, the person cannot be released before completing at least fourteen years of imprisonment.
3. Minimum Fourteen-Year Period
The central restriction under Section 475 is the requirement of at least fourteen years of imprisonment before release.
The provision therefore creates a statutory minimum period for the categories of cases covered by it.
4. Section 473 Is Subject to Section 475
Section 475 begins with the expression “Notwithstanding anything contained in section 473”.
This means that the restriction under Section 475 operates despite the general power of the appropriate Government to suspend or remit sentences under Section 473.
Scope of the Restriction
Section 475 does not apply to every sentence of life imprisonment.
It specifically covers:
- Life imprisonment imposed for an offence where death is one of the punishments prescribed by law; and
- Life imprisonment resulting from the commutation of a death sentence under Section 474.
Therefore, the statutory restriction must be applied according to the categories expressly identified in Section 475.
Relationship with Section 473
Section 473 deals with the power to suspend or remit sentences.
Section 475 places a limitation on that power in specified cases.
Thus, although the appropriate Government may possess a general power of remission under Section 473, it cannot use that power to release a person falling within Section 475 before the person has served at least fourteen years of imprisonment.
Relationship with Section 474
Section 474 deals with the power to commute sentences.
One of the forms of commutation permitted under Section 474 is the commutation of a death sentence into imprisonment for life.
Section 475 then imposes a restriction on release where such commutation has taken place.
Therefore, a person whose death sentence has been commuted to life imprisonment under Section 474 remains subject to the fourteen-year minimum requirement under Section 475.
Important Distinctions
Remission and Commutation
Remission reduces the extent of a sentence without necessarily changing its character.
Commutation substitutes one form of punishment for another.
Section 475 restricts the exercise of these powers in the specified categories of life imprisonment cases.
Life Imprisonment and Fourteen-Year Minimum
The fourteen-year rule under Section 475 does not mean that every life sentence automatically ends after fourteen years.
The provision establishes a minimum period before release for the cases specifically covered by it. Life imprisonment otherwise continues to have its legal character unless lawfully altered or terminated.
BNSS and CrPC
Section 475 of BNSS corresponds to Section 433A of the Code of Criminal Procedure, 1973 (CrPC).
The core restriction has been retained under BNSS.
Under both provisions, a person falling within the specified categories cannot be released before serving at least fourteen years of imprisonment.
The BNSS therefore continues the earlier statutory safeguard restricting remission or commutation in serious life imprisonment cases.
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: Restriction on Powers of Remission or Commutation
- BNSS Section: Section 475
- Main restriction: Release before fourteen years is prohibited in specified cases
- First category: Life imprisonment for an offence where death is one of the punishments
- Second category: Death sentence commuted to life imprisonment under Section 474
- Related provision: Section 473
- Commutation provision: Section 474
- Corresponding CrPC provision: Section 433A
Quick Revision
- Section 475 BNSS restricts remission and commutation in specified cases.
- It begins with a non-obstante clause, overriding Section 473 to the extent of the restriction.
- It applies where life imprisonment is imposed for an offence punishable with death.
- It also applies where a death sentence is commuted to life imprisonment under Section 474.
- A person covered by Section 475 cannot be released unless they have served at least fourteen years of imprisonment.
- Section 475 corresponds to Section 433A of the CrPC.
- The fourteen-year requirement is a minimum statutory restriction on release, not an automatic termination of life imprisonment after fourteen years.
ALSO READ: Section 474 – Power to commute sentence
Conclusion
Section 475 BNSS creates an important limitation on executive remission and commutation powers in serious criminal cases. By requiring a minimum of fourteen years of imprisonment before release in the specified circumstances, the provision ensures that the general power of remission under Section 473 does not result in premature release of persons sentenced to life imprisonment in cases carrying the possibility of capital punishment.
