Section 5 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Commutation of Sentence:

  1. 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