Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission and Commutation of Sentences · E.—Suspension, remission and commutation of sentences
Section 473: Power to suspend or remit sentences
In plain words
The appropriate Government can at any time suspend a sentence or remit (cancel) all or part of the punishment, unconditionally or on conditions the person accepts. It can ask the trial or confirming Judge for an opinion with reasons and the record.
- If a condition is broken, the suspension or remission can be cancelled and the person arrested without warrant to serve the rest of the sentence.
- For adults sentenced to more than a fine, petitions are considered only if the person is in jail.
- The "appropriate Government" is the Central Government for offences under Union laws, and otherwise the State where the person was sentenced.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—-
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 474, the expression "appropriate Government" means,—-
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 473
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Kum. Shubha @ Shubhashankar v. State of Karnataka & Anr.
Whether in the facts and circumstances of the case, the conviction of the appellants by the High Court u/s.302 read with s.120-B, IPC and additionally, s.201, IPC for A-4 alone, is justified.
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IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus
Issue arose as regards sentencing the accused; about the rehabilitation of the victim and her child; and about adopting measures for adolescent well being and child protection.
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Firoz Khan Akbarkhan v. The State of Maharashtra
Whether the concurrent conviction of the appellant u/s.302 r/w s.34, Penal Code, 1860 is justified; whether he is entitled to remission of sentence.
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IN RE: POLICY STRATEGY FOR GRANT OF BAIL versus
The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about…
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Mafabhai Motibhai Sagar v. State of Gujarat & Ors.
The appellant was convicted for offences punishable under Section 302 read with sections 147 and 148 Penal Code, 1860 and sentenced to life imprisonment. His application for remission was considered expeditiously by the…