Concurrent power of Central Government in case of death sentences
Section 476 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with concurrent power of Central Government in case of death sentences. 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. The Act came into force on 01 Jul 2024.
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.
Section 476, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 434 Concurrent power of Central Government in case of death sentences Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Saleem vs State of U.p.
Decided under Code of Criminal Procedure 434, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A death-sentenced prisoner has a constitutional right under Article 21 to legal aid in preparing and filing mercy petitions, and the State cannot proceed with a mercy petition filed by jail authorities without the prisoner's legal assistance and knowledge without violating procedural fairness and natural justice. The State must provide legal aid to the prisoner and reconsider the mercy petition in light of any additional material the prisoner wishes to submit with proper legal assistance, in accordance with the Supreme Court's mandate in Shatrughan Chauhan v. Union of India.
On this section: Power of State Government to remit or suspend sentence; remedy available to death-sentenced prisoners
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 476
What have the courts held on Section 476 of the Bharatiya Nagarik Suraksha Sanhita?
Saleem vs State of U.p. (19 Jun 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 434, which this section replaced -- the court never mentioned this Act: Power of State Government to remit or suspend sentence; remedy available to death-sentenced prisoners.
How do I find court cases under Section 476 of the Bharatiya Nagarik Suraksha 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: BNSS 476, section 476 BNSS, section 476 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Saleem vs State of U.p. (19 Jun 2020).
What should I read with Section 476 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 473 (Power to suspend or remit sentences), section 474 (Power to commute sentence), so none of them can safely be read on its own. It carries forward CrPC 434 (Concurrent power of Central Government in case of death sentences), so the judgments decided under that provision are the case law on this one.
When did Section 476 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 476 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 476, 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
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
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.