Commutation of sentence

Q: When did Section 5 of the Bharatiya Nyaya Sanhita come into force?

Section 5 of the Bharatiya Nyaya Sanhita, cited as BNS 5, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

In force From 01 Jul 2024 Act 45 of 2023 As on 15 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 5 of the Bharatiya Nyaya Sanhita, 2023 deals with commutation of sentence. 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. The Act came into force on 01 Jul 2024.

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.
Section 5, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 54 Commutation of sentence of death Close, with changes 68%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Bharatiya Nagarik Suraksha Sanhita s. 474 Power to commute sentence

Questions about Section 5

What does Section 5 of the Bharatiya Nyaya Sanhita deal with?

Section 5 of the Bharatiya Nyaya Sanhita is headed "Commutation of sentence". 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.

How do I find court cases under Section 5 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 5, section 5 BNS, section 5 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 5 of the Bharatiya Nyaya Sanhita, and has it changed?

Its own text turns on Bharatiya Nagarik Suraksha Sanhita 474 (Power to commute sentence), so none of them can safely be read on its own. It carries forward IPC 54 (Commutation of sentence of death), so the judgments decided under that provision are the case law on this one.

When did Section 5 of the Bharatiya Nyaya Sanhita come into force?

Section 5 of the Bharatiya Nyaya Sanhita, cited as BNS 5, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.