Bharatiya Nagarik Suraksha Sanhita

Section 474

Power to commute sentence

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⚡ Quick Answer Reference: Section 474 BNSS

Provision: Section 474 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Jurisdiction: India
Summary: The government can change a person's sentence without their permission. This means they can reduce a death sentence to life imprisonment, or a life sentence to at least 7 years in prison. They can also reduce sentences of 7 years or more to at least 3 years, or sentences of less than 7 years to a fine. They can also change rigorous imprisonment to simple imprisonment.

Statutory Content

What does Section 474 of BNSS say?

The appropriate Government may, without the consent of the person sentenced, commute— (a) a sentence of death, for imprisonment for life; (b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years; (c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years; (d) a sentence of imprisonment for less than seven years, for fine; (e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.

Indian StandardSection 474, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 474 (India)

Court Pleading StandardSection 474 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 474 of BNSS mean?

Plain English Explanation

The government can change a person's sentence without their permission. This means they can reduce a death sentence to life imprisonment, or a life sentence to at least 7 years in prison. They can also reduce sentences of 7 years or more to at least 3 years, or sentences of less than 7 years to a fine. They can also change rigorous imprisonment to simple imprisonment.

Practical Interpretation

This section gives the government the power to commute sentences, which means they can reduce the severity of a punishment. This can be done without the person's consent, and it applies to various types of sentences, including death, life imprisonment, and imprisonment for a term.

Core Legal Purpose

The core purpose of this section is to provide the government with the authority to commute sentences, allowing them to reduce the severity of punishments in certain cases. This is intended to provide flexibility in the application of the law and to ensure that sentences are fair and just.

Key Legal Elements

•The appropriate Government has the power to commute sentences.
•The sentence to be commuted must be one of the types specified in the section (death, life imprisonment, imprisonment for 7 years or more, imprisonment for less than 7 years, or rigorous imprisonment).
•The government must reduce the sentence to a term that is not less than the minimum specified in the section.
•There is no exception or limitation under this section, as it applies broadly to the types of sentences specified.

Practical Example

Practical Example of Section 474 BNSS

Rajesh is sentenced to death for a serious crime. The government decides to commute his sentence to life imprisonment under Section 474 of the BNSS. This means that Rajesh will serve a life sentence instead of facing the death penalty. This section allows the government to make this decision without Rajesh's consent, as long as it is within the types of sentences specified in the section.

Common Questions (FAQ)

Frequently Asked Questions about Section 474 BNSS

Q: What is the punishment or consequence under Section 474 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It allows the government to commute sentences, which means they can reduce the severity of a punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the government, which can be either the central government or the state government, depending on the context.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal classification. It deals with the power of the government to commute sentences, which is a civil or procedural matter.

Common Questions about Section 474 BNSS

What is Section 474 of BNSS?

Section 474 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to commute sentence". In plain terms: The government can change a person's sentence without their permission. This means they can reduce a death sentence to life imprisonment, or a life sentence to at least 7 years in prison. They can also reduce sentences of 7 years or more to at least 3 years, or sentences of less than 7 years to a fine. They can also change rigorous imprisonment to simple imprisonment.

What is the punishment under Section 474 of BNSS?

Section 474 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 474 of BNSS bailable or non-bailable?

Whether Section 474 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 474 of BNSS?

The essential elements of Section 474 of BNSS are: The appropriate Government has the power to commute sentences.; The sentence to be commuted must be one of the types specified in the section (death, life imprisonment, imprisonment for 7 years or more, imprisonment for less than 7 years, or rigorous imprisonment).; The government must reduce the sentence to a term that is not less than the minimum specified in the section..

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