Section 476 of BNSS, 2023 — Concurrent Power of Central Government in Case of Death Sentences

Introduction

Section 476 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the concurrent power of the Central Government in cases involving death sentences.

The provision allows the Central Government to exercise the powers of suspension or remission under Section 473 and commutation under Section 474 in cases where the sentence imposed is a sentence of death.

The provision ensures that, in death sentence cases, the power of executive clemency is not confined exclusively to the State Government.

Meaning of Section 476

Section 476 provides that the powers conferred upon the State Government by Sections 473 and 474 may also be exercised by the Central Government in cases of death sentences.

In practical terms, where a person has been sentenced to death, the Central Government has concurrent statutory authority to:

• suspend the death sentence;
• remit the death sentence; or
• commute the death sentence in accordance with the applicable law.

The provision does not create a separate form of punishment. It determines which Government may exercise the statutory powers relating to suspension, remission and commutation in death sentence cases.

Statutory Basis

Section 476 states:

“The powers conferred by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government.”

Thus, Section 476 directly connects with:

• Section 473 — Power to suspend or remit sentences.
• Section 474 — Power to commute sentence.

Essential Elements

1. The Sentence Must Be a Sentence of Death

Section 476 specifically applies in the case of sentences of death.

Therefore, its special concurrent power is concerned with death sentences and not with every sentence imposed under criminal law.

2. Central Government Has Concurrent Power

The Central Government may exercise powers that Sections 473 and 474 confer upon the State Government.

The word “also” in Section 476 makes clear that the Central Government’s power is concurrent with the power available to the State Government.

3. Power of Suspension or Remission

Under Section 473, the appropriate Government has the power to suspend or remit sentences.

In a case involving a sentence of death, Section 476 permits the Central Government to exercise the corresponding power.

4. Power of Commutation

Section 474 permits the appropriate Government to commute specified sentences.

In the case of a death sentence, the Central Government may exercise the commutation power under Section 476.

For example, Section 474 permits a sentence of death to be commuted to imprisonment for life.

Nature of the Power

The power under Section 476 is an executive power relating to sentences.

The Court imposes the sentence through the judicial process. Section 476 subsequently recognises the Central Government’s authority to exercise the statutory powers of suspension, remission or commutation in respect of a death sentence.

The provision therefore operates at the stage concerning the execution and modification of a sentence, rather than the adjudication of guilt.

Relationship with Section 473

Section 473 deals with the power to suspend or remit sentences.

Section 476 allows the Central Government to exercise those powers in cases involving death sentences, notwithstanding that Section 473 primarily identifies the powers of the appropriate Government.

Therefore, Section 476 should be read together with Section 473 when considering suspension or remission of a death sentence.

Relationship with Section 474

Section 474 deals with the power to commute a sentence.

One important form of commutation under Section 474 is:

Death sentence to imprisonment for life.

Section 476 permits the Central Government to exercise the Section 474 power in cases involving death sentences.

Thus, the Central Government may exercise the statutory power of commutation in a death sentence case.

Relationship with Section 475

Section 475 places restrictions on remission or commutation in specified cases involving life imprisonment.

It provides that where life imprisonment is imposed for an offence punishable with death, or where a death sentence has been commuted into life imprisonment under Section 474, the person cannot be released unless at least fourteen years of imprisonment have been served.

Therefore, Section 476 must be read together with the restrictions contained in Section 475 where a death sentence has been commuted to life imprisonment.

Relationship with Section 477

Section 477 deals with situations in which the State Government must act after concurrence with the Central Government in specified cases.

Section 476 is different.

Section 476 directly gives the Central Government concurrent power in cases of death sentences, whereas Section 477 regulates the exercise of certain remission and commutation powers by the State Government in specified categories of cases.

Important Distinctions

Section 476 and Section 477

Section 476 concerns the concurrent power of the Central Government in death sentence cases.

Section 477 concerns cases where the State Government’s power to remit or commute a sentence is subject to concurrence of the Central Government.

The two provisions therefore operate in different circumstances.

Commutation and Remission

Commutation substitutes one form of punishment for another.

For example, a death sentence may be commuted to imprisonment for life.

Remission reduces the extent of a sentence without changing its essential character.

Section 476 permits the Central Government to exercise both powers in cases involving death sentences, subject to the applicable statutory provisions.

Judicial Sentencing and Executive Clemency

The Court determines guilt and imposes the sentence through judicial proceedings.

The powers under Sections 473, 474 and 476 operate subsequently as statutory executive powers relating to the sentence.

BNSS and CrPC

Section 476 of BNSS corresponds to Section 434 of the Code of Criminal Procedure, 1973 (CrPC).

The provision has been substantially retained under BNSS.

The principal change is the renumbering of the corresponding provisions:

• CrPC Section 432 corresponds to BNSS Section 473.
• CrPC Section 433 corresponds to BNSS Section 474.
• CrPC Section 434 corresponds to BNSS Section 476.

The underlying principle remains the same: in cases involving death sentences, the Central Government may exercise the powers relating to suspension, remission and commutation that are available to the State Government under the corresponding provisions.

Important BNSS Provisions

• 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.

Topic at a Glance

• Topic: Concurrent Power of Central Government in Case of Death Sentences
• BNSS Section: Section 476
• Nature: Executive power relating to sentences
• Authority: Central Government and State Government
• Applies to: Sentences of death
• Related power: Suspension, remission and commutation
• Section 473: Suspension or remission of sentences
• Section 474: Commutation of sentences
• Corresponding CrPC provision: Section 434

Quick Revision

• Section 476 BNSS deals with the concurrent power of the Central Government in death sentence cases.
• It allows the Central Government to exercise the powers conferred upon the State Government under Sections 473 and 474.
• Section 473 concerns suspension or remission of sentences.
• Section 474 concerns commutation of sentences.
• The provision specifically applies to sentences of death.
• The Central Government’s power under Section 476 is concurrent with the State Government’s power.
• Section 476 corresponds to Section 434 of the CrPC.
• Section 476 should be read with Sections 473, 474, 475 and 477 for a complete understanding of executive powers concerning sentences.

ASLO READ: Section 475 – Restriction on powers of remission or commutation in certain cases

Conclusion

Section 476 BNSS recognises the concurrent authority of the Central Government to exercise statutory powers relating to suspension, remission and commutation in death sentence cases. It operates alongside Sections 473 and 474 and forms part of the broader statutory framework governing executive control over criminal sentences. The provision substantially continues the corresponding rule under Section 434 of the CrPC.