Section 474 BNSS: Power to commute sentence (Formerly Section 433 CrPC)

Section 474 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to commute sentence

Official Bare Act Text

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

The appropriate Government may, without the consent of the person sentenced, commute—

(a) a sentence of death, for imprisonment for life;

(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;

(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years;

(d) a sentence of imprisonment for less than seven years, for fine;

(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.

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 474

Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 433 of the CrPC, 1973) empowers the Appropriate Government to commute sentences of death, life imprisonment, or rigorous imprisonment to lesser penal categories without the consent of the person sentenced.

Commutation Scale: The appropriate Government may commute: (a) a sentence of death to any other punishment; (b) a sentence of imprisonment for life to imprisonment for a term not exceeding fourteen years or to fine; (c) a sentence of rigorous imprisonment to simple imprisonment or fine; (d) a sentence of simple imprisonment to fine.
No Consent Required: Commutation may be effected without the consent of the person sentenced.
Subject to Statutory Minimums: Commutation of life sentences is strictly fettered by Section 475, requiring minimum 14 years of actual incarceration.

Key Landmark Precedents:

Maru Ram v. Union of India, (1981) 1 SCC 107: The Constitution Bench held that the power to commute under Section 433 CrPC is an executive statutory power, distinct from the constitutional prerogative under Articles 72 and 161; Section 433A controls Section 433(b).
State of Punjab v. Kesar Singh, (1996) 5 SCC 495: The Supreme Court held that the High Court in appeal cannot commute a life sentence directly under Section 433 CrPC; commutation is an executive function belonging exclusively to the appropriate Government.

Courtroom Practice & Strategic Litigation Guidance:

Do not request the High Court to grant premature release under Section 474; instead, seek a mandamus directing the State Remission Board to consider the convict's commutation representation in accordance with statutory guidelines.