Bharatiya Nagarik Suraksha Sanhita

Section 476

Concurrent power of Central Government in case of death sentences

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⚡ Quick Answer Reference: Section 476 BNSS

Provision: Section 476 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Jurisdiction: India
Summary: This section allows the Central Government to have the same powers as the State Government in cases where a death sentence is given. This means the Central Government can also review and make decisions about death sentences.

Statutory Content

What does Section 476 of BNSS say?

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.

Indian StandardSection 476, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 476 (India)

Court Pleading StandardSection 476 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 476 of BNSS mean?

Plain English Explanation

This section allows the Central Government to have the same powers as the State Government in cases where a death sentence is given. This means the Central Government can also review and make decisions about death sentences.

Practical Interpretation

In practical terms, this section means that the Central Government can exercise the same powers as the State Government in cases of death sentences, which can include reviewing the sentence, making decisions about appeals, or taking other actions.

Core Legal Purpose

The core purpose of this section is to ensure that the Central Government has the same level of authority as the State Government in cases of death sentences, which is important for maintaining consistency and fairness in the application of the law.

Key Legal Elements

•The section applies to cases where a death sentence is given.
•The Central Government has the same powers as the State Government in these cases.
•The Central Government can review and make decisions about death sentences.
•This section does not specify any exceptions or limitations.

Practical Example

Practical Example of Section 476 BNSS

Rajesh is sentenced to death by the State Government for a serious crime. Under Section 476 of BNSS, the Central Government can also review Rajesh's sentence and make decisions about his case. This means that the Central Government can consider appeals, review the evidence, and make a final decision about Rajesh's sentence.

Common Questions (FAQ)

Frequently Asked Questions about Section 476 BNSS

Q: What is the punishment or consequence under Section 476 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the powers of the Central Government in cases of death sentences, but it does not specify any punishments or consequences.

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

This section applies to both private individuals and public entities, as it deals with the powers of the Central Government in cases of death sentences.

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

This section is a procedural provision and does not deal with criminal offenses. Therefore, it is not applicable to the classification of offenses as bailable or cognizable.

Common Questions about Section 476 BNSS

What is Section 476 of BNSS?

Section 476 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Concurrent power of Central Government in case of death sentences". In plain terms: This section allows the Central Government to have the same powers as the State Government in cases where a death sentence is given. This means the Central Government can also review and make decisions about death sentences.

What is the punishment under Section 476 of BNSS?

Section 476 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 476 of BNSS bailable or non-bailable?

Whether Section 476 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 476 of BNSS?

The essential elements of Section 476 of BNSS are: The section applies to cases where a death sentence is given.; The Central Government has the same powers as the State Government in these cases.; The Central Government can review and make decisions about death sentences..

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