Section 5: Commutation of sentence

This section empowers the appropriate government to commute any punishment under the Sanhita to any other punishment without requiring the consent of the offender, in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The 'appropriate Government' is defined as: (a) Central Government for death sentences or offenses against Union laws; (b) State Government for other offenses under state jurisdiction. This provision maintains the constitutional balance between judicial sentencing and executive clemency powers. Commutation serves humanitarian purposes, allowing reduction of severe punishments based on factors like good conduct, changed circumstances, or evolving legal standards. The cross-reference to BNSS 2023 ensures procedural consistency across the new criminal justice framework. This mechanism provides a safety valve in the justice system, enabling correction of disproportionate punishments while maintaining respect for judicial authority and ensuring that mercy remains an integral part of the criminal justice process.