Commutation of sentence of death or imprisonment for life.
In every case in which sentence of,
(a) death has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Sanhita;
(b) imprisonment for life has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
Explanation
For the purposes of this section 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.
Key Points of BNS-05
BNS-05 of the Bharatiya Nyaya Sanhita (BNS), 2023, outlines the government's authority to commute sentences in specific cases. Commutation refers to the process of reducing the severity of a sentence that has been imposed on an offender. This section gives the appropriate government (either the central or state government) the discretion to modify the punishment for offenders in two key circumstances: when a death sentence has been passed and when life imprisonment has been imposed.
1. Commutation of Death Sentence:
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In cases where a court has sentenced a person to death, the appropriate government has the power to commute the death sentence to another form of punishment available under the Bharatiya Nyaya Sanhita.
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This could involve changing the sentence to life imprisonment or another lesser punishment such as rigorous imprisonment for a specific number of years.
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Importantly, this commutation can be carried out without the consent of the offender, meaning the convicted person does not have a say in the matter. The decision lies entirely with the government.
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This provision allows for flexibility in cases where the death penalty may be deemed too harsh after taking into consideration various factors, such as the offender’s behavior, mitigating circumstances, or public sentiment.
2. Commutation of Life Imprisonment:
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When a person has been sentenced to imprisonment for life, the government may commute the sentence to a fixed term of imprisonment.
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The term of imprisonment that the sentence is commuted to must not exceed fourteen years. This means that life imprisonment can be reduced to a specific term of years, which may vary but cannot surpass this limit.
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Similar to the death penalty commutation, the offender's consent is not required, and the government holds the authority to make the decision.
Definitions and Key Terms:
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Appropriate Government: Refers to the governmental authority, either at the state or central level, which has jurisdiction over the case. The decision regarding commutation would depend on whether the crime falls under state or central jurisdiction.
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For example, if the crime was committed in a state and falls under state law, the state government will make the decision. If the crime affects national interests or falls under central jurisdiction, the central government will have the authority.
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Death Sentence: A judicially mandated punishment where the offender is sentenced to die as a consequence of committing a heinous crime, often involving murder or terrorism. Under this section, the government can reduce the death sentence to life imprisonment or another lesser punishment.
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Imprisonment for Life: Imprisonment for life means that the convicted person will spend the rest of their natural life in prison unless the sentence is commuted. BNS-05 allows for life imprisonment to be reduced to a fixed term of up to 14 years.
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Commutation: The legal process of reducing the severity of a punishment imposed by a court. For instance, a death sentence may be commuted to life imprisonment, or life imprisonment may be commuted to a fixed term of imprisonment.
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Without Consent: The phrase "without the consent of the offender" emphasizes that the commutation is solely the government’s decision. The offender cannot refuse or object to the change in the punishment, regardless of whether the new punishment is viewed as more or less favorable by the individual.
Purpose of BNS-05:
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Humanitarian Grounds: The provision allows for mercy or reconsideration, particularly in cases where the death sentence may not seem appropriate in light of new evidence, public opinion, or the offender's circumstances (e.g., age, health).
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Legal and Judicial Flexibility: BNS-05 gives the appropriate government flexibility to respond to changes in legal standards, political considerations, or social movements, especially in cases involving capital punishment or long-term imprisonment.
Practical Implications:
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If a person is sentenced to death, there is a possibility that the government may later decide to reduce the punishment, reflecting a more lenient approach or consideration of new factors.
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Offenders sentenced to life imprisonment may have their sentences reduced to a fixed term (up to 14 years), giving them a chance for earlier release based on the government’s decision.
In summary, BNS-05 is a crucial part of the Bharatiya Nyaya Sanhita, offering a mechanism for reducing severe punishments like the death penalty and life imprisonment based on the discretion of the government, with the aim of ensuring justice remains fair and adaptable to circumstances.
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