Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 474: 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 475, 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.
Brefe Detail
Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the appropriate Government with the authority to suspend or remit sentences for offenses. It outlines the conditions under which sentences can be suspended or remitted, the process for submitting applications, and the responsibilities of the presiding Judge. This section also specifies that conditions for suspension may be imposed on the convict or may be independent of their actions, and it includes guidelines for petitions regarding suspensions.
Question & Answers
Q1: Who has the power to suspend or remit sentences?
A1: The appropriate Government has the power to suspend or remit sentences for offenses.
Q2: What must happen before the appropriate Government considers a suspension or remission application?
A2: The presiding Judge of the Court may be required to state his opinion on whether the application should be granted or refused.
Q3: What happens if a condition of the suspension is not fulfilled?
A3: If a condition is not fulfilled, the appropriate Government may cancel the suspension, allowing the person to be arrested and remanded to serve the unexpired portion of the sentence.
Q4: Are there any conditions for filing a petition for suspension?
A4: Yes, petitions are only entertained if the person sentenced is in jail, and specific procedures must be followed for submission.
Q5: What does appropriate Government refer to in this context?
A5: It refers to the Central Government in cases related to Union law, and the State Government for other cases.
Example
1. Suspension of Sentence: A convict sentenced for theft applies for suspension. The Government reviews the case and, upon the presiding Judge's favorable opinion, suspends the sentence under specified conditions.
2. Failure to Fulfill Conditions: A convict's sentence is suspended, but he violates the conditions set by the Government. Consequently, the Government cancels the suspension, and the convict is re-arrested to serve the remainder of his sentence.
3. Petition Submission: A person sentenced to imprisonment above eighteen years files a petition through the jail officer, declaring his incarceration, as required by the law.
Summary
Section 474 empowers the appropriate Government to suspend or remit sentences for various offenses, detailing the necessary processes and conditions involved. This ensures that the system allows for some flexibility in the enforcement of sentences while maintaining checks and balances through judicial oversight.
