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Bharatiya Nagarik Suraksha Sanhita

Section 475

Restriction on powers of remission or commutation in certain cases

Quick Answer Reference: Section 475 BNSS

  • Provision: Section 475 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
  • Jurisdiction: India
  • Summary: This section says that if someone is given a life sentence for a crime where death is a possible punishment, or if their death sentence is changed to life imprisonment, they must serve at least 14 years in prison before being released.
Statutory Content

What does Section 475 of BNSS say?

Notwithstanding anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.

Indian StandardSection 475, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 475 (India)
Court Pleading StandardSection 475 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/475

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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 475 of BNSS mean?

Plain English Explanation

This section says that if someone is given a life sentence for a crime where death is a possible punishment, or if their death sentence is changed to life imprisonment, they must serve at least 14 years in prison before being released.

Practical Interpretation

In practical terms, this section means that the court cannot release someone who has been given a life sentence for a serious crime or had their death sentence commuted to life imprisonment until they have served at least 14 years.

Core Legal Purpose

The core purpose of this section is to ensure that individuals who have committed serious crimes and have been given severe punishments are not released from prison too quickly, thereby maintaining public safety and upholding the rule of law.

Key Legal Elements
  • The person must have been given a life sentence for a crime where death is a possible punishment.
  • The person must have had their death sentence commuted to life imprisonment.
  • The person must have served at least 14 years in prison.
  • This section does not apply if the person has not been given a life sentence or had their death sentence commuted.
Practical Example

Practical Example of Section 475 BNSS

Rajesh is convicted of murder and sentenced to life imprisonment. Under Section 475 of the BNSS, Rajesh must serve at least 14 years in prison before being eligible for release. If Rajesh had been sentenced to death but had his sentence commuted to life imprisonment, he would still be subject to this provision and would have to serve at least 14 years before being released.

Common Questions (FAQ)

Frequently Asked Questions about Section 475 BNSS

Q: What is the punishment or consequence under Section 475 of BNSS?

This section does not prescribe a penal punishment. It is a procedural provision that restricts the powers of remission or commutation in certain cases.

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

This section applies to private individuals who have been convicted of crimes and sentenced to life imprisonment or had their death sentence commuted.

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

This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 475 BNSS

What is Section 475 of BNSS?

Section 475 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Restriction on powers of remission or commutation in certain cases". In plain terms: This section says that if someone is given a life sentence for a crime where death is a possible punishment, or if their death sentence is changed to life imprisonment, they must serve at least 14 years in prison before being released.

What is the punishment under Section 475 of BNSS?

Section 475 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 475 of BNSS bailable or non-bailable?

Whether Section 475 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 475 of BNSS?

The essential elements of Section 475 of BNSS are: The person must have been given a life sentence for a crime where death is a possible punishment.; The person must have had their death sentence commuted to life imprisonment.; The person must have served at least 14 years in prison..

Landmark Case Laws

Landmark Judgments under Section 475 BNSS

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

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