Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission and Commutation of Sentences · E.—Suspension, remission and commutation of sentences
Section 474: Power to commute sentence
In plain words
The appropriate Government can, without the person's consent, commute (reduce) a sentence as follows.
- Death to imprisonment for life.
- Imprisonment for life to imprisonment of at least seven years.
- Imprisonment of seven years or more to imprisonment of at least three years.
- Imprisonment of less than seven years to a fine.
- Rigorous imprisonment to simple imprisonment for any term that could have been imposed.
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
The appropriate Government may, without the consent of the person sentenced, commute—-
(a) a sentence of death, for imprisonment for life;
(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;
(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years;
(d) a sentence of imprisonment for less than seven years, for fine;
(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced.
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 474
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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: 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…