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.
Legal Commentary & Landmark Judgments: Section 5
Section 5 empowers the appropriate Government to commute sentences of death or life imprisonment without the consent of the offender, balancing executive clemency with statutory limits.
In clemency and premature release petitions, verify whether the state's remission policy at the time of conviction applies, and ensure that jail conduct reports, psychiatric evaluations, and post-conviction educational achievements are compiled under Section 5.