Section 476 BNSS: Concurrent power of Central Government in case of death sentences (Formerly Section 434 CrPC)

Section 476 of Bharatiya Nagarik Suraksha Sanhita, 2023: Concurrent power of Central Government in case of death sentences

Official Bare Act Text

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

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.

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 476

Section 476 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 434 of the CrPC, 1973) establishes the concurrent power of the Central Government in cases of death sentences, empowering it to suspend, remit, or commute capital punishment alongside the State Government.

Concurrent Central Clemency: The powers conferred upon the State Government in respect of the suspension, remission, or commutation of a sentence of death may, in the case of sentences of death, also be exercised by the Central Government.
Dual Executive Authority: Condemned prisoners on death row possess concurrent recourse to both Central and State Governments for capital sentence commutation.
Primacy of Union in Federal Offences: Reinforces Union oversight in heinous offences involving national security and federal legislation.

Key Landmark Precedents:

Bachan Singh v. State of Punjab, (1980) 2 SCC 684: The Supreme Court noted that dual executive clemency avenues under Section 434 CrPC (Section 476 BNSS) provide multiple procedural safeguards against arbitrary executions.
Kehar Singh v. Union of India, (1989) 1 SCC 204: Discussed the concurrent exercise of executive mercy in capital assassination cases.

Courtroom Practice & Strategic Litigation Guidance:

In capital cases where the State Government rejects a clemency or commutation petition, file an independent petition before the Ministry of Home Affairs under Section 476 citing concurrent Central powers.