Commutation of sentence
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Summary
The appropriate Government can, without the offender's consent, change any punishment into some other punishment under the applicable commutation rules. If the sentence is death or the offence concerns a Union matter, the Central Government acts; if the offence relates to a State subject (and the sentence was passed in that State), the State Government acts. Commutation can substitute a shorter term, a fine, or another lawful punishment.
Example
Priya is convicted and sentenced to life imprisonment for an offence under a State law. The State Government can, without Priya's consent, commute her sentence to a shorter term, impose a fine, or substitute some other permissible punishment under the commutation rules.
Bare Act
Enacted textThe appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Explanations
For the purposes of this section the expression “appropriate Government” means,
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(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and
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(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.
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