IPC · Chapter III · Of punishments

IPC section 55A in the BNS

IPC 55ABNS 5

IPC section 55A, “Definition of “appropriate Government””, is now BNS section 5 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 55A to BNS 5

The definition of “appropriate Government” becomes the Explanation to BNS section 5: the Central Government for death sentences and offences on Union matters, the State Government otherwise.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 55A Definition of “appropriate Government”

In sections fifty-four and fifty-five the expression “appropriate Government” means,—

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

Bharatiya Nyaya Sanhita, 2023

Section 5 Commutation of sentence

The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Explanation.—For the purposes of this section the expression “appropriate Government” means, —

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown.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.

Also in BNS 5

Other IPC sections that went to the same place

IPC 54 Commutation of sentence of death → BNS 5
IPC 55 Commutation of sentence of imprisonment for life → BNS 5

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.