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Commutation, Suspension, and Remission of Sentence

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Commutation of Sentence
The Appropriate Government may, without the consent of the offender, commute any punishment under the BNS to any other punishment in the following manner:-
a.) Death - imprisonment for life (which shall not be less than 14 years in any case)
b.) Imprisonment for life - imprisonment (ordinarily not less than 7 years) (and not less than 14 years if death is one of the punishments for the offence committed)
c.) Imprisonment (7 years or more) - imprisonment (not less than 3 years)
d.) Imprisonment (less than 7 years) - fine 
e.) Rigorous - simple (any term, the person might have been sentenced)

Suspension and Remission of Sentence

When a person has been sentenced to punishment for an offence, the appropriate govt. may suspend the execution of his sentence or remit (whole/part) the punishment as given to him. 


Conditions 

Such suspension/remission of sentence may be with or without any condition subject to the acceptance of the same by the said person. There may be two conditions for granting suspension/remission out of which one shall be mandatory and the other discretionary to the said person.


Breach of Condition

If any condition is imposed and accepted, is not fulfilled, the appropriate govt. may cancel the suspension or remission, and consequently, if the said person is released, shall be arrested without a warrant and remanded to undergo the remaining(unexpired) sentence.


Punishment for Breach of Condition

If the said person knowingly violates the accepted conditions for remission as mentioned above, he shall be punished with the original sentence if he has not suffered any part of it, and if he has suffered the part of it, then the remaining punishment as he has not suffered.


Opinion of the Trial/Appellate Court

The appropriate govt. to decide the application for the suspension/remission of sentence may require the presiding judge of the trial/appellate court which convicted the said person or confirmed his conviction to state a reasoned opinion along with the trial court record (TCR).


Procedure

In the cases where the sentence of imprisonment (not fine) has been imposed against a person above the age of 18 years, the following procedure (subject to other rules) shall be followed:

a.) He must be in jail

b.) The petition should be presented by the officer in charge of the jail if it is made by the said person

c.) The petition should contain a declaration that said person is in jail if it is made by any other person.


Restrictions 

Where a person is sentenced to life imprisonment for an offence which is punishable with either death or life imprisonment (or any other punishment), or the sentence of death has been commuted to life imprisonment, such person shall not be released before 14 years.


Concurrence of Central Govt. in Certain Cases

In the following cases, the State Govt. shall require the concurrence of the Central Govt. to exercise power to grant remission/suspension/commutation of a sentence if it is for an offence:-

a.) Investigated by an agency empowered by a central law (not BNSS); or

b.) Involved the misappropriation/destruction/damage of the property belonging to the central govt; or

c.) Committed by a public servant of the central govt. While acting/purporting to act in the discharge of official duty. 

A person who has been convicted of multiple offences, some of which relate to matters to which the executive power of the Union extends, and said person is sentenced to a separate term of imprisonment to run concurrently, in addition to the order of suspension/remission/commutation of the sentence passed by the State Govt., such order by the Central Govt. shall also be necessitated (only in relation to the offences with regard to matters to which the executive power of the State extends).

Appropriate Government 

Central Govt. - where the sentence is for an offence against any law relating to a matter to which the executive power of the Union extends 

State Govt. - where the sentence is for an offence against any law relating to a matter to which the executive power of the State extends.

Here the State Govt. means the govt. of the State within which the offender is sentenced. Further, in the case of a death sentence, both the State and Central Govt. will be the appropriate government for the purpose of commutation, suspension, and remission of the sentence.  


(Ref: Ss 5, 266 BNS and Ss 473, 474, 475, 476, 477, BNSS)


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