(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence— (a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Bharatiya Nagarik Suraksha Sanhita
Section 477
State Government to act after concurrence with Central Government in certain cases
⚡ Quick Answer Reference: Section 477 BNSS
- Provision: Section 477 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: The State Government can't remit or commute a sentence in certain cases without the Central Government's approval. This includes cases where the crime was investigated by a Central agency, involved Central property, or was committed by a Central government employee. Additionally, if a person has been convicted of crimes that involve both State and Central matters, the State Government can't suspend or remit their sentence without the Central Government's approval.
What does Section 477 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 477 of BNSS mean?
Plain English Explanation
The State Government can't remit or commute a sentence in certain cases without the Central Government's approval. This includes cases where the crime was investigated by a Central agency, involved Central property, or was committed by a Central government employee. Additionally, if a person has been convicted of crimes that involve both State and Central matters, the State Government can't suspend or remit their sentence without the Central Government's approval.
Practical Interpretation
In practice, this means that the State Government must consult with the Central Government before taking certain actions related to sentencing, such as remitting or commuting a sentence. This ensures that the Central Government is aware of and agrees with the State Government's actions.
Core Legal Purpose
The core purpose of this section is to ensure that the State Government and Central Government work together and are in agreement when it comes to certain sentencing decisions, particularly in cases that involve both State and Central matters.
- •The crime was investigated by a Central agency.
- •The crime involved Central property.
- •The crime was committed by a Central government employee.
- •The person has been convicted of crimes that involve both State and Central matters.
Practical Example of Section 477 BNSS
Rajesh, a Central government employee, was convicted of misappropriating Central funds. The State Government wanted to remit his sentence, but under Section 477, they needed to get the Central Government's approval first. The Central Government agreed, and the State Government was able to remit Rajesh's sentence. However, if Priya, a private individual, had been convicted of the same crime, the State Government would not have needed the Central Government's approval to remit her sentence.
Frequently Asked Questions about Section 477 BNSS
Q: What is the punishment or consequence under Section 477 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the conditions under which the State Government can remit or commute a sentence, but it does not specify any punishment or consequence for failing to follow these conditions.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically Central government employees and cases involving Central property or Central agencies.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification. However, the underlying crimes that are subject to this section may be bailable or cognizable depending on the specific circumstances.
Common Questions about Section 477 BNSS
What is Section 477 of BNSS?
Section 477 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "State Government to act after concurrence with Central Government in certain cases". In plain terms: The State Government can't remit or commute a sentence in certain cases without the Central Government's approval. This includes cases where the crime was investigated by a Central agency, involved Central property, or was committed by a Central government employee. Additionally, if a person has been convicted of crimes that involve both State and Central matters, the State Government can't suspend or remit their sentence without the Central Government's approval.
What is the punishment under Section 477 of BNSS?
Section 477 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 477 of BNSS bailable or non-bailable?
Whether Section 477 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 477 of BNSS?
The essential elements of Section 477 of BNSS are: The crime was investigated by a Central agency.; The crime involved Central property.; The crime was committed by a Central government employee..
Landmark Judgments under Section 477 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 477
Ask Nyaya AI About Section 477
Select a pre-configured prompt to run this section through the grounded research engine.