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BNSS, 2023
Start Practicing
BNSSChapter XXXIVSection 476
Section476

Concurrent power of Central Government in case of death sentences

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Summary

For sentences of death, the Central Government may exercise the same powers the State Government has under the law. That means the Centre can reduce, cancel, or delay the execution of a death sentence in the same situations where the State could act. This applies only to cases involving the death penalty.

Example

Rohan is convicted of murder and sentenced to death by the sessions court. The Central Government can, in the same way the State could, commute his death sentence to life imprisonment, remit part of it, or suspend execution while it considers clemency.

Bare Act

Enacted text

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.

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XXXIV

Chapter XXXIV

Execution, Suspension, Remission and Commutation of Sentences

In this chapter

  • 453Execution of order passed under section 409
  • 454Execution of sentence of death passed by High Court
  • 455Postponement of execution of sentence of death in case of appeal to Supreme Court
  • 456Commutation of sentence of death on pregnant woman
  • 457Power to appoint place of imprisonment
  • 458Execution of sentence of imprisonment
  • 459Direction of warrant for execution
  • 460Warrant with whom to be lodged
  • 461Warrant for levy of fine
  • 462Effect of such warrant
  • 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  • 464Suspension of execution of sentence of imprisonment
  • 465Who may issue warrant
  • 466Sentence on escaped convict when to take effect
  • 467Sentence on offender already sentenced for another offence
  • 468Period of detention undergone by accused to be set off against sentence of imprisonment
  • 469Saving
  • 470Return of warrant on execution of sentence
  • 471Money ordered to be paid recoverable as a fine
  • 472Mercy petition in death sentence cases
  • 473Power to suspend or remit sentences
  • 474Power to commute sentence
  • 475Restriction on powers of remission or commutation in certain cases
  • 476Concurrent power of Central Government in case of death sentences
  • 477State Government to act after concurrence with Central Government in certain cases
Previous · Section 475Restriction on powers of remission or commutation in certain casesNext · Section 477State Government to act after concurrence with Central Government in certain cases