The “Bharatiya Nyaya Sanhita, 2023,” introduces provisions regarding the commutation of sentences, specifically in cases where the original sentence is either death or imprisonment for life. In such cases, the appropriate Government holds the authority to commute the punishment to an alternative penalty provided by the Sanhita. For instance, if the original sentence is death, the appropriate Government can change it to another form of punishment without requiring the consent of the offender. Similarly, if the initial sentence is imprisonment for life, the Government can commute it to imprisonment of either description for a maximum term of fourteen years, again without seeking the offender’s consent. The section also clarifies that the term “appropriate Government” pertains to the Central Government in cases of sentences of death or offences under laws falling under the Union’s executive power, while in cases of sentences related to State matters, it refers to the Government of the State in which the offender is sentenced. These provisions offer a mechanism for altering severe punishments in a manner that aligns with the justice system’s evolving understanding and application of penalties. In comparison, Sections 54 and 55 of the Indian Penal Code outline the consequences of a commutation of a sentence of death, and they also detail instances where sentences of imprisonment for life can be commuted by the appropriate Government. The new provisions in the Bharatiya Nyaya Sanhita provide a modernized approach to the commutation of sentences, while acknowledging the hierarchical distribution of executive power between the Union and the States.
| Provisions | Bharatiya Nyaya Sanhita (2023) | Indian Penal Code (IPC) |
|---|---|---|
| Commutation of Sentences | In cases where the sentence is death, the appropriate Government may commute it to another punishment provided by the Sanhita, without the offender’s consent. | Section 54: Consequences of commutation of sentence of death. |
| In cases where the sentence is imprisonment for life, the appropriate Government may commute it to imprisonment of either description for a maximum term of fourteen years, without the consent of the offender. | Section 55: Commutation of sentence of imprisonment for life. | |
| Explanation of “Appropriate Government” | The term “appropriate Government” refers to the Central Government in cases of death sentences or offences under Union’s executive power. In cases of State matters, it refers to the Government of the State where the offender is sentenced. | Defined in Section 55A |
The provisions introduced by the “Bharatiya Nyaya Sanhita, 2023” regarding the commutation of sentences provide a modernized approach, granting the appropriate Government the authority to change severe punishments to alternative penalties without requiring the offender’s consent. The differentiation between Central Government and State Government based on the nature of the offence aligns with the distribution of executive power.