Section 5 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 5 of the Bharatiya Nyaya Sanhita (BNS), 2023 pertains to the commutation of sentences, granting the government authority to modify the punishment imposed on an offender.
📜 Text of Section 5: Commutation of Sentence
Section 5. The 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.
Explanation: For the purposes of this section, the expression "appropriate Government" means:
(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(
(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.
⚖️ Key Aspects of Section 5
Government's Authority to Commute Sentences:
This section empowers the appropriate Government to change (commute) the punishment of an offender to a different form of punishment without needing the offender's consent.
Reference to Section 474 of the BNSS:
The commutation must be in accordance with Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which outlines the procedures and conditions under which punishments can be commuted.
Definition of "Appropriate Government":
The term "appropriate Government" is defined to clarify which authority has the power to commute sentences:
Central Government: For sentences related to offences under Union laws or matters within the Union's executive power.
State Government: For sentences related to offences under State laws or matters within the State's executive power.
🧭 Purpose and Implications
Flexibility in Sentencing: Section 5 provides a mechanism for the government to adjust the severity of a punishment, allowing for considerations such as the offender's behavior, rehabilitation prospects, or changes in societal values.
Checks and Balances: By requiring adherence to the procedures outlined in Section 474 of the BNSS, the law ensures that commutation is carried out systematically and justly.
Separation of Powers: The distinction between the Central and State Governments' roles in commutation reflects the federal structure of India, delineating the scope of authority based on the nature of the offence
📘 Contextual Understanding
Section 5 aligns with the broader objectives of the Bharatiya Nyaya Sanhita, 2023, which aims to modernize and streamline the criminal justice system in India. By providing a clear framework for commutation, it balances the need for justice with the potential for mercy, ensuring that the legal system remains fair and adaptable to individual circumstances.
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