CrPC · Chapter XXXII · Execution, suspension, remission and commutation of sentences

CrPC section 433 in the BNSS

CrPC 433BNSS 474

CrPC section 433, “Power to commute sentence”, is now BNSS section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 433 to BNSS 474

Now BNSS section 474, with new limits on commutation without consent: death to imprisonment for life (CrPC: to any other punishment); life imprisonment to a term of at least seven years (CrPC: up to fourteen years or fine); a sentence of seven years or more to a term of at least three years; a sentence below seven years to fine; rigorous to simple imprisonment.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 433 Power to commute sentence

The appropriate Government may, without the consent of the person sentenced, commute—

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;

(d) a sentence of simple imprisonment, for fine.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 474 Power to commute sentence

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;

(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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.