Section 473 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to suspend or remit sentences.
(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.
Section 474 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to commute sentences.
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.
Section 475 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Restriction on powers of remission or commutation in certain cases.
Notwithstanding anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
Section 476 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Concurrent power of Central Government in case of death sentences.
The powers conferred by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government.
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Section 477 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
State Government to act after concurrence with Central Government in certain cases.
(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—
(a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,
shall not be exercised by the State Government except after concurrence with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
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