Section 473 BNSS: Power to suspend or remit sentences (Formerly Section 432 CrPC)

Section 473 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to suspend or remit sentences

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.

(7) In this section and in section 474, the expression "appropriate Government" means,—

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;

(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 473

Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 432 of the CrPC, 1973) empowers the Appropriate Government to suspend or remit sentences of punishment, with or without conditions, subject to obtaining the opinion of the presiding judge of the convicting court.

Executive Power of Remission / Suspension: When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of their sentence or remit the whole or any part of the punishment.
Mandatory Judicial Opinion: Before deciding, the Government shall require the presiding Judge of the Court before or by which the conviction was had to state their opinion as to whether the application should be granted or refused, with reasons.
Cancellation upon Breach of Conditions: If any condition is not fulfilled, the Government may cancel the suspension or remission, whereupon the convict is rearrested to serve unexpired terms.
Appropriate Government Test: The Government of the State where the offender was convicted and sentenced has territorial jurisdiction.

Key Landmark Precedents:

State of Haryana v. Mahender Singh, (2007) 13 SCC 606: The Supreme Court held that while a prisoner has no fundamental right to claim remission, they possess a fundamental right under Articles 14 and 21 to have their application for remission considered fairly in accordance with the policy prevalent at the time of conviction.
Union of India v. V. Sriharan @ Murugan, (2016) 7 SCC 1: The Constitution Bench settled that 'appropriate Government' means the Government of the State where the offender was convicted, and judicial opinion under Section 432(2) CrPC is a mandatory check against arbitrary clemency.
Bilkis Yakub Rasool v. Union of India, (2024) 5 SCC 480: The Supreme Court quashed premature remission granted to 11 convicts, ruling that the State where the trial was transferred and conducted (Maharashtra) was the appropriate Government, not Gujarat; remission granted without jurisdiction is non-est.

Courtroom Practice & Strategic Litigation Guidance:

When applying for premature remission under Section 473, establish eligibility under the remission policy enforced on the date of conviction, obtain positive jail superintendent reports, and ensure the application is submitted to the Government of the convicting state under Bilkis Yakub.