UNIT – 4

JUDGEMENT

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) introduces procedural reforms and
updates to India's criminal procedure framework, replacing the Criminal Procedure Code,
1973 (CrPC). Understanding judgments under the BNSS involves exploring its provisions
concerning court decisions, their execution, and appeals.
Key Provisions Related to Judgments in BNSS
1. Chapter XXIX (The Judgment):
This chapter governs the preparation and delivery of judgments: Section 392 of
BNSS: The court must clearly state the grounds for its decision. The BNSS continues
the requirement for detailed reasoning.
Judgments should include:
o Facts of the case.
o Evidence presented.
o Legal principles applied.
o Final decision (conviction or acquittal) and its reasoning.
2. Language of Judgments:
o Judgments must be written in the court's official language or English.
o Copies must be provided to the accused, free of cost, in their preferred
language, if feasible.
3. Pronouncement:
o The judgment must be pronounced in open court, either immediately after the
trial or at a scheduled date.
4. Special Judgments:
o Death Sentence: Requires confirmation by a higher court.
o Compensation to Victims: Courts are mandated to include provisions for
victim compensation if warranted under victim-centric reforms in BNSS.
5. Execution of Judgments:
o Detailed procedures for sentencing, including execution of death penalties,
imprisonment, or fines.
o BNSS emphasizes rehabilitation and reformative justice.
6. Appeals and Revisions:
o The BNSS outlines enhanced mechanisms for appeals and revisions, ensuring
expedited handling of cases.
Key Reforms in BNSS Judgments Compared to CrPC
• Use of Technology:
BNSS promotes digitization of judgments, facilitating electronic records for better
accessibility and transparency.
• Victim-Centric Approach:
Emphasis on victim rights in judgments, such as restitution and compensation.
• Time-Bound Delivery:
Specific timelines are introduced for concluding cases and pronouncing judgments to
reduce delays.
Challenges and Observations
• Implementation depends on judicial training, especially for technological integration.
• Uniformity in judgments across different states may require monitoring.

COURT NOT TO ALTER JUDGEMENT

Purpose:
To ensure finality and certainty of judgements and prevent frequent modifications once a
decision is rendered.
Section 403 of the BNSS, 2023 states that a court cannot alter or review a judgement or final
order once it has been signed, unless it is to correct a clerical or arithmetical error. This
provision is applicable unless otherwise specified by the Sanhita or any other law in force.
This principle is important for maintaining the integrity and finality of judicial decisions.

APPEAL
The Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), appeals are governed by Chapter XXXI
(Section 413 to Section 435). The provisions largely align with the appeal structure under
the Criminal Procedure Code, 1973 (CrPC) but introduce updates to ensure simplicity, efficiency,
and digital processes.

Key Features of Appeals under BNSS

Right to Appeal (Section 413 BNSS)
o No person can appeal against a judgment unless explicitly provided by the BNSS.
o Victims can appeal against acquittals, inadequate compensation, or lesser punishments.
Appeals by Convicted Persons (Section 415 BNSS)
Appeals can be filed to higher courts by individuals convicted by subordinate courts.
o Sessions Court: Appeals against Magistrate judgments.
o High Court: Appeals against Sessions Court judgments.
 o Supreme Court: Appeals against High Court judgments (in cases involving
significant constitutional or legal importance).
Limitations on Appeals (Section 416 BNSS)
o No appeal lies in certain cases, such as convictions on a plea of guilt, unless
sentencing errors are evident.
Appeal by the State (Section 418 BNSS)
o The State Government may direct appeals for enhancement of sentences passed by
any court.

Procedure for Appeals (Section 423 BNSS)

o Appeals must be filed in writing, signed, and supported with certified copies of
judgments/orders.
Special Provisions for Victims
o The BNSS reinforces victim participation, allowing appeals against any judgment or
order that adversely affects their interests.
Provision for Summary Dismissals (Section 425 BNSS)
o Appeals can be dismissed summarily if the court considers them frivolous, but
sufficient notice must be provided to the appellant.
Suspension of Sentence Pending Appeal (Section 430 BNSS)
o Courts can suspend sentences during the pendency of appeals, subject to conditions,
including bail.
Digital Filing
o BNSS encourages the use of e-filing systems and virtual hearings to streamline the
appeals process.
Time Limits
o Specific timelines for filing appeals are prescribed, with exceptions for delays caused
by justifiable reasons.
Key Differences Between CrPC and BNSS
o Enhanced victim rights in appeal processes.
o Strong emphasis on digital filing and hearings.
o Greater clarity on time-bound appeals to reduce pendency.
 PROCEDURE FOR FILING AND HEARING OF APPEAL
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the procedure for filing and hearing
appeals is outlined in Chapter 33
1. Right to Appeal
Any person convicted under the BNSS has the right to appeal to a higher court unless
specifically prohibited by the Sanhita.
The appeal can be filed in:
• Session Courts: Against decisions of Magistrates.
• High Court: Against decisions of Sessions Courts.
• Supreme Court: For special leave petitions or constitutional matters.

2.Filing an Appeal
Time Frame
Appeals must be filed within the time limits prescribed by the BNSS:
• Sessions Court: 30 days.
• High Court: 60 days.
• Supreme Court: 90 days.
Steps to File
❖ Drafting the Appeal:
• Include the grounds of appeal, facts, and legal points.
• Attach a certified copy of the judgment or order being appealed.
❖ Court Fee:
• Payment of the requisite court fee is mandatory.
❖ Submission:
• File the appeal in the relevant appellate court, along with supporting documents
and affidavits.
❖ Notice to Parties:
• The appellate court issues a notice to the opposite party to respond.

3.Hearing of Appeal
❖ Preliminary Stage
 • The court may dismiss the appeal summarily if it finds no merit.
• If admitted, the court orders a detailed hearing and notifies all parties.
❖ Conduct of Hearing
Both sides are given an opportunity to present their case.
• Appellant: Argues against the judgment/order.
• Respondent: Defends the judgment/order.
The court may:
• Examine additional evidence, if necessary.
• Call for the lower court's record.

POWERS OF APPELLATE COURTS

Section 427 of Bharatiya Nagarik Suraksha Sanhita
➢ Reversing, affirming or modifying:
Appellate courts can reverse, affirm or modify the judgement of the lower Courts. The
appellate court can reverse the finding and sentence, acquit or discharge the accused, or order
a re-trial.
➢ Ordering a new trial:
Appellate courts can order a new trial or hearing.
➢ Reviewing discretionary decisions:
Appellate courts can review discretionary decisions made by lower courts, such as whether a
new trial was granted or evidence was disallowed.
➢ Taking additional evidence:
Appellate courts can take additional evidence or require it to be taken.
➢ Making orders:
Appellate courts can make orders for the payment of interest or costs.
➢ Appeal process:
The appellate court ensures a system of checks and balances in the judicial process by
allowing appeals from Magistrate orders to the Sessions Judge and from court of session
orders to the relevant higher court.
➢ Change sentence:
The appellate court can change the nature or extent of the sentence without enhancement.
Explanation using Example
Example 1:
Scenario: Rajesh was acquitted by a lower court for charges of theft due to lack of evidence.
The prosecution believes that the lower court made an error in judgment and files an appeal.
Application of Section 427:
• The Appellate Court reviews the records and hears arguments from both Rajesh's
advocate and the Public Prosecutor.
• The Appellate Court finds that the lower court's decision was incorrect and decides to
reverse the acquittal.
• The court directs that Rajesh be re-tried in a lower court or finds him guilty and
sentences him according to the law.
Example 2:
Scenario: Priya was convicted of fraud and sentenced to 3 years in prison by a lower court.
She believes the sentence is too harsh and files an appeal.
Application of Section 427:
• The Appellate Court reviews the case records and hears arguments from Priya's
advocate and the Public Prosecutor.
• The Appellate Court decides that the conviction was correct but agrees that the
sentence was too harsh.
• The court alters the sentence, reducing it to 1 year in prison without changing the
conviction.
Example 3:
Scenario: The prosecution believes that the sentence given to Anil for assault (6 months
imprisonment) is too lenient and files an appeal for enhancement of the sentence.
Application of Section 427:
• The Appellate Court reviews the case records and hears arguments from Anil's
advocate and the Public Prosecutor.
• The Appellate Court decides to enhance the sentence, increasing it to 1 year in prison.
• Before enhancing the sentence, the court gives Anil an opportunity to present his case
against the enhancement.
Example 4:
Scenario: A lower court issued an order for the attachment of Suresh's property in a civil
dispute. Suresh believes the order is unjust and files an appeal.
Application of Section 427:
 • The Appellate Court reviews the records and hears arguments from Suresh's advocate
and the opposing party.
• The Appellate Court finds that the lower court's order was incorrect and decides to
reverse the order, lifting the attachment on Suresh's property.
Example 5:
Scenario: Meera was convicted of a minor offense and sentenced to a fine of Rs. 5000. She
believes the conviction was incorrect and files an appeal.
Application of Section 427:
• The Appellate Court reviews the case records and hears arguments from Meera's
advocate and the Public Prosecutor.
• The Appellate Court finds that the conviction was incorrect and reverses the finding,
acquitting Meera of the charges.

SUSPENSION OF SENTENCE PENDING APPEAL

Suspension of Sentence pending appeal; released of appellant on bail under Section 430 of the
BNSS that allows a court authority to suspend an accused's sentence while the appeal is being
considered and not finally decided. The Hon'ble Apex Court and different High Courts have
established broader boundaries and jurisprudence, and the courts would use judicial discretion
within this range of greater parameters and principles.

In simpler terms, Section 430 states that a sentence suspension may be granted while an appeal
is underway, and the accused may be released on bail:
1. While an appeal is pending, the appellate court can suspend an accused's sentence, and
the reasons for the suspension must be stated in writing. It can also order the accused's
release if he is held in detention on bail and files his own personal bail bond.
2. In the context of an appeal, the High Court can exercise the authority conferred on an
Appellate Court by this section.
3. If a convict informs the Court that he intends to appeal the judgment in which he was
found guilty, the Court shall:

i. While on bail, if the person is sentenced to less than three years in jail, or
ii. If a convict's sentence is suspended while he is on bail for a bailable offence,
his sentence is presumed to be suspended unless there are extraordinary reasons
for refusing bail.
4. If the appellant is ultimately sentenced to a period of imprisonment or life in prison, the
time he is released will be deducted from the sentence.
After a conviction, if the appeal isn't decided by the appellate court, the accused might file a
sentence suspension. Section 430 of the BNSS provides for the suspension of a sentence
while an appeal is pending. The legislature, in its wisdom, devised this clause by reasoning
that if the appeal is expected to take a long time to complete, it would be unjust to keep the
accused in detention for that length of time, since this would render the accused's appeal
meaningless.

An appellate court, such as the Court of Sessions, the High Court, or the Hon'ble Supreme
Court, can grant Suspension of Sentence under the mandate of Section 430, BNSS. Any
accused person may file an application as long as the Appellate Court does not decide on the
appeal.

Suspension of Sentence in a judicial order can be conditional or unconditional and it is

usually given in the order. When the courts believe that the relief granted will be misused by
the accused or for any other reason relating to public order, peace, and tranquility, they
impose restrictions. The judicial order's prerequisite requirements usually serve a variety of
functions in support of this provision; for example, an accused's regular attendance at a police
station will limit his presence to the jurisdiction/city specified in the judicial order.

The term "unconditional suspension of sentence" refers to a sentence that is simply

suspended without any restrictions attached. The courts issue such orders when there are no
discernible threats of any kind.

the suspension of sentence functions similarly to a bail provision following conviction and is
unaffected by the criminal record. Whenever there is a chance, the accused might seek for the
quashing of the FIR or criminal proceedings to clear their criminal records.

Bail and Suspension of Sentence:

The phrases 'bail' and 'suspension of the sentence' are not interchangeable in criminal law
jurisprudence. The accused who requests bail is considered an undertrial and is subject to
Section 480 of BNSS for Regular Bail, Section 482 for Anticipatory Bail, or Section 483 of
the BNSS for Special Powers of Sessions Court and High Court.

The convict's appeal against his trial court conviction must be pending, and the appellate
court is required by statute to record arguments for sentence suspension in writing. The fact
that the accused was granted bail during the trial and he did not commit any offence while on
bail is of minor importance.

Probation and Suspension of Sentence:

The accused who have had their sentence suspended must adhere to the terms of their
probation or face the possibility of going to prison. The judge determines the length of
probation based on state laws/amendments and the nature of the criminal charges; probation
normally lasts one to five years. The seriousness of the criminal accusations brought against
the accused may also influence the length of probation.
The following are examples of the conditions and duration of probation imposed on the
accused:
• Providing the probation officer with a report;
• Participating in community service;
• Counseling for drug and alcohol abuse;
• Drug testing at random intervals;
• A requirement for looking for and starting a job;
• Fines and restitution;
• Living at a specific address or in a specific location;
• Regular payment of probation fees, court costs, penalties, or restitution;
• In the future, not commit any crimes.

FINALITY OF JUDGEMENTS AND ORDERS IN APPEAL

The finality of a judgment or order in an appeal means that the decision made by the appellate
court is permanent and cannot be disputed. This is because the court has already established
the relationship between the parties, settled their dispute, and provided their opinion on the
rights and duties of each party. The concept of finality of judgments is based on the idea that
justice has been served and that allowing parties to continue to quarrel would be a waste of
judicial resources.
The finality of a judgment or order in an appeal is subject to a few exceptions, including:
o Section 418 of the BNSS
o Section 419 of the BNSS
o Sub-Section (4) of section 425 of the BNSS
o Special leave petition under article 136 of the Constitution
o Writ petition under articles 226 and 227 of the Constitution
The finality of a judgment or order in an appeal means that the decision made by the
Appellate Court is permanent and cannot be disputed:
o The decision is binding and open to enforcement.
o The parties cannot make similar claims or interpret the facts differently in subsequent
proceedings.
o No further appeal can be taken, and no collateral proceedings can disturb the
resolution.
 REFERENCE AND REVISION

Reference and Revision under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 includes detailed provisions regarding
Reference and Revision, which serve as mechanisms to ensure judicial oversight, rectify errors,
and promote fairness in legal proceedings. These provisions are codified under Section 436 for
Reference and Sections 437-445 for Revision. These sections essentially provide subordinate
courts with the ability to seek guidance from higher courts and allow higher courts to revise
decisions made by lower courts to ensure that justice is served.

Explanation of Section 436: Reference

BNSS Section 436 – Reference to High Court
Purpose:
Section 436 deals with the power of a subordinate court to refer a legal question or case to the
High Court when a substantial question of law arises during a trial or hearing. The underlying
objective is to ensure that the legal process remains consistent with established legal principles
and to avoid the risk of legal misinterpretation by the lower courts.
Key Features:
Legal Uncertainty:
When a subordinate court encounters a point of law that is uncertain, complex, or requires
interpretation, it has the discretion to refer the matter to the High Court for clarification.
High Court's Guidance:
The High Court provides a legal opinion on the specific question of law, which then helps the
subordinate court proceed with the case. This mechanism ensures that the subordinate court’s
decision is consistent with the law.
Cases Ineligible for Reference:
A court cannot refer a matter on trivial legal points or if a clear precedent already exists.
Binding Opinion:
The opinion provided by the High Court is binding on the subordinate court, ensuring that the
legal question is settled correctly before proceeding further with the case.
Explanation of Sections 437-445: Revision
BNSS Sections 437-445 – Revision by Higher Courts
Purpose: The Revision mechanism under BNSS allows higher courts, primarily the High Court
and Sessions Court, to review and revise the legality or propriety of any findings, sentences, or
orders passed by subordinate courts. This power is particularly exercised when no appeal lies,
ensuring that there is judicial oversight even in cases where the option to appeal is not available.
Key Sections:
Section 437: Powers of Revision:
The High Court is empowered to call for the record of any proceeding from a subordinate court
if it believes that an error has been made in applying the law or in following procedural rules.
This section also applies to the Sessions Court, which can exercise revisionary powers in
relation to lower courts under its jurisdiction.
Section 438: Procedure for Revision:
This section outlines the procedural framework for how a court should proceed with a revision
case. It emphasizes the need for thorough examination of the records and evidence, and it also
mandates that both parties be given an opportunity to present their arguments.
Section 439: Powers of High Court:
Grants the High Court broad powers to alter, reverse, or modify any sentence or order passed
by a subordinate court. The High Court can quash proceedings, discharge the accused, or order
a retrial if it finds that a miscarriage of justice has occurred.
Section 440: Limits on Revision Powers:
This section places limitations on the exercise of revision powers, ensuring that higher courts
cannot revise orders arbitrarily. The court must be satisfied that there has been a serious
irregularity or legal error before intervening.
Section 441: Stay of Proceedings:
Allows the court to stay proceedings in subordinate courts while the revision process is
underway, preventing conflicting outcomes and ensuring a uniform judicial process.
Section 442-445: Other Procedural Provisions:
These sections provide additional details on how revisionary proceedings should be handled,
focusing on transparency, fairness, and the rights of the parties involved.
Detailed Analysis of How the Reference and Revision Procedures Work Under BNSS
Reference Procedure (Section 436):
When a subordinate court encounters a complex legal question during a case, it can refer the
question to the High Court. This usually happens when the legal issue is beyond the
understanding or jurisdiction of the lower court.
After the reference is made, the subordinate court suspends proceedings until the High Court
provides its opinion on the matter. Once the High Court issues its ruling, the subordinate
court continues the trial or hearing in line with the High Court's interpretation of the law.
This process ensures that the trial is conducted correctly according to established legal
principles, avoiding potential errors that could later lead to appeals or revisions.
Revision Procedure (Sections 437-445):
A higher court, either the High Court or Sessions Court, can revise the orders of subordinate
courts when no appeal lies or when a miscarriage of justice is suspected.
The revision process begins with the higher court calling for the records of the subordinate
court’s proceedings. The court reviews the evidence, legal arguments, and procedural
adherence to determine whether an error occurred.
If the court finds that a significant error was made, it can modify or reverse the original order,
ensuring that justice is served.
This mechanism acts as a check and balance on subordinate courts, preventing them from
passing incorrect judgments without the possibility of review

Reference Revision
It is defined under Chapter XXXII of the It is defined under Chapter XXXII of the
Bharatiya Nagarik Suraksha Sanhita. Bharatiya Nagarik Suraksha Sanhita.
It is defined from Section 436 of the Bharatiya It is defined from Section 437-445 of the
Nagarik Suraksha Sanhita. Bharatiya Nagarik Suraksha Sanhita.
The Reference occurs while the case is still The revision begins under the final judgment
pending in the court. or final order or final decision of the court.
fnhReference is made to the higher court on Revision is made to both higher and lower
the points of the law. court on the already adjudicated matter.

Here are some other things to note about Reference and Revision:
• The accused or other person must be given an opportunity to be heard before any order
is made against them.
• The High Court cannot convert a finding of acquittal into a finding of conviction.
• If an appeal is required under the Sanhita but is not brought, the party who could have
appealed cannot request a revision.
• A reference is an application made by a trial court to a High court to seek clarification
on an Act, Legislation or Regulation.

TRANSFER OF CRIMINAL CASES

Chapter XXXIII, Section 446 – 452 of BNSS deals Transfer of Criminal Cases. The
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) allows for the transfer of criminal cases
under the following circumstances:
The transfer of criminal cases under the BNSS is governed by specific provisions aimed at
ensuring justice and fairness. These provisions allow cases to be transferred between courts
based on jurisdiction, convenience, or the need for an impartial trial. Below are the relevant
sections and their details:

(1)Transfer of Cases by the Supreme Court (Section 446)

Authority: Supreme Court.
Scope: Transfer of any case or appeal from one High Court or a court subordinate to one
High Court to another High Court or a court subordinate to it.
Grounds:
• To ensure justice and eliminate any apprehension of bias.
• National or interstate interest, including sensitive matters involving parties from
different states.
Procedure:
Application made by a party with valid reasons.
The Supreme Court may also act suo moto.
Example: High-profile cases like those involving political figures or communal tensions.

(2)Transfer of Cases by the High Court (Section 447)

Authority: High Court.
Scope: Transfer of cases from one criminal court to another within its jurisdiction.
Grounds:
• Fair trial cannot be ensured in the current court.
• Expedient for the ends of justice.
• Inconvenience to parties or witnesses.
• Prejudice or bias against the accused or complainant.
Procedure:
A party can file an application with supporting affidavits.
The High Court examines the merits and passes an order after hearing both sides.

(3)Power of Sessions Judge to Transfer Cases (Section 448)

Authority: Sessions Judge.
Scope: Transfer of cases from one Magistrate’s court to another within the same sessions
division.
Grounds:
• Administrative convenience.
• Proper management of the case.
Procedure:
Application by a party or suo moto by the Sessions Judge.

(4)Withdrawal of Cases by Magistrates and Sessions Judges (Section 449)

Authority: Magistrates and Sessions Judges.
Scope: Withdraw or recall a case from a subordinate court for disposal or transfer it to
another court of the same rank.
Grounds:
• Jurisdictional or procedural issues.
• To avoid unnecessary delays or complications.

(5)Transfer of Cases by Magistrates (Section 450)

Authority: Chief Judicial Magistrate or District Magistrate.
Scope: Transfer of cases from one Magistrate's court to another within their jurisdiction.
Procedure: Suo moto or on application from a party.

Important Case Law

Maneka Sanjay Gandhi v. Rani Jethmalani (1979): Transfer granted due to apprehension
of bias and hostile environment.
Gurcharan Das Chadha v. State of Rajasthan (1966): Emphasized that transfer is
permissible only when there is a reasonable apprehension of injustice.
Rajesh Talwar v. CBI (2013): Case transfer allowed due to public and media pressure
affecting a fair trial.

Key Considerations
Fair Trial: A fundamental right under Article 21 of the Constitution.
Convenience of Witnesses: Ease of attendance for witnesses is crucial.
Jurisdictional Authority: Ensuring proper jurisdiction is essential for the validity of the trial.
Timely Disposal: Transfers should not cause unnecessary delays in the trial process.
 EXECUTION
In the Bharatiya Nagarik Suraksha Sanhita, execution refers to the enforcement or
implementation of orders, judgments, or sentences passed by a criminal court. It typically
involves carrying out the sentence awarded to the accused, such as imprisonment, fines, or
the death penalty. Here is an overview of the provisions related to execution under the BNSS:

(1)Execution of Sentences
Section 453: Execution of sentences of death passed by High Courts.
Section 454: Execution of sentences of death passed by courts other than High Courts (e.g.,
Sessions Courts).
Section 455: Postponement of execution in case of appeal.
Section 456: Execution of the death sentence on a pregnant woman is postponed, and the
sentence may be commuted to life imprisonment.

(2)(Execution of Imprisonment
Section 458: Sentence of imprisonment may be executed in the manner directed by the court.
Section 459: Warrant of execution for imprisonment issued by the court and directed to the
jail authority.

(3)Execution of Fines
Section 461: Provides for the recovery of fines by attachment and sale of property or
imprisonment in default.
Section 471: Payment of fine can be enforced as if it were a decree of a civil court.

(4)Execution of Community Service or Other Penalties

Under modern provisions, courts may direct community service or other alternative
punishments, executed under guidelines specified in relevant state rules or judicial directions.

(5)Special Provisions
Sections 464–465: Deals with the execution of orders requiring payment to victims.
Section 466: Execution may be suspended in certain cases, such as during appeals.
Section 467: Sentence on the same person for different offenses may run concurrently unless
directed otherwise.
 Section 468: Provides for set-off of pre-trial detention against the term of imprisonment.

(6)Execution of Death Sentence

The procedure for execution of a death sentence is strictly governed:
Mercy Petition: The convict has the right to file a mercy petition with the President or
Governor under Articles 72 and 161 of the Constitution of India.
Black Warrant: Issued by the Sessions Court specifying the date and time of execution.

Relevant Case Laws

Bachan Singh v. State of Punjab (1980): Laid down the "rarest of rare" doctrine for
awarding the death penalty.
Shabnam v. Union of India (2015): Highlighted humane treatment during execution
procedures.
Deena v. Union of India (1983): Discussed the manner of execution, holding that hanging is
constitutional.

REMISSION AND COMMUTATION OF SENTENCE

Remission and commutation are legal concepts used to reduce the severity of a sentence
imposed on a convict. These powers are typically exercised by the state or central government
in India under specific provisions of law. Remission and commutation of sentence are two
mechanisms by which the severity of a sentence imposed on a convict can be reduced. These
powers are exercised by the judiciary, executive, or other authorized entities, depending on the
governing legal framework.

Distinction Between Remission and Commutation

Aspect Remission Commutation

Nature of Change Reduces the duration of the sentence. Changes the type of punishment.

Character of Punishment Remains unchanged. Changes to a less severe form.

Legal Provision Section 473 BNSS Section 474 BNSS

Authority State or Central Government State or Central Government

Remission
1.Definition:
Reduction of the term of a sentence without changing its character. For instance, a convict
serving a 10-year imprisonment sentence may have it reduced to 7 years through remission.

2. Legal Provisions:
Indian Constitution (Article 72 & Article 161):
• The President of India can grant remission for sentences in certain cases under Article
72.
• The Governor of a State has similar powers under Article 161.
Section 473 of the BNSS:
• It empowers the appropriate government to remit the whole or part of the punishment.
• The decision may be based on good conduct, health, or other compassionate grounds.
3. Process:
• Application by the convict or recommendation by jail authorities.
• Examination by the appropriate government or authority.
• Grant of remission based on merit.
4.Grounds for Remission:
• Good behavior during incarceration.
• Health conditions of the convict.
• Special occasions (e.g., Independence Day remissions).
• Recommendations by jail authorities.

5.Key Features:
o The nature of the punishment remains unchanged.
o Granted under Section 473 of BNSS or other special laws like the Prisons Act.
o The convict must fulfill certain conditions, such as good behavior or completion of a
portion of their sentence.
o Remission can be general (applicable to a group of convicts, like during national
celebrations) or special (granted to an individual).

Commutation
1.Definition:
Commutation refers to the substitution of a harsher punishment with a lighter one. Substitution
of one form of punishment with a less severe form. For example, a death sentence may be
commuted to life imprisonment, or life imprisonment may be commuted to rigorous
imprisonment for a term.

2.Process:
• Application by the convict, family, or legal representatives.
• Review by the appropriate authority.
• Consideration of mitigating factors like age, health, or reformation.
3.Grounds for Commutation:
• Mitigating circumstances during the commission of the crime.
• Long incarceration period under a death sentence.
• Mental or physical health issues.
• Post-conviction conduct and behavior
4.Key Features:
• The character of the punishment changes.
• Exercised under Section 474 of the BNSS.
• The government has discretionary power to commute sentences for specific
categories, like death, life imprisonment, or rigorous imprisonment.
• Grant of remission based on merit.

5.Constitutional Powers of Clemency

The President of India (under Article 72) and the Governor of a State (under Article 161)
have the power to grant:
1. Pardon
2. Commutation
3. Remission
4. Respite
5. Reprieve
Landmark Case Laws
1. Union of India v. V. Sriharan (2016)
• Clarified the distinction between judicial sentencing and executive powers of
remission.
 • Highlighted that remission cannot override judicial pronouncements.
2. Swamy Shraddananda v. State of Karnataka (2008)
• Focused on commutation and its role in ensuring proportionality in sentencing.
3. Maru Ram v. Union of India (1980)
• Established that remission must be granted in accordance with statutory
requirements and not arbitrarily.

LIMITATION FOR TAKING COGNIZANCE OF CASES

▪ Chapter XXXVII of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) deals with
the provisions relating to limitation for taking cognizance of certain Offences.
▪ It imposes certain restrictions on the power of the magistrate.
▪ Sections 513 to 519 of BNSS deal with the provisions related to limitation for taking
cognizance of certain offences.
What is Cognizance?
▪ The word cognizance has been derived from the Latin word “Cognosis” which means
to know.
▪ This word has not been defined under BNSS, but the meaning of cognizance has been
derived from the number of precedents and judicial pronouncements.
▪ Cognizance means knowledge or notice and taking cognizance of offence means taking
notice or becoming aware of the commission of offence.
What are the Provisions for Limitation for Taking Cognizance of Certain Offences?
▪ Definition (Section 513):
o It states that ‘period of limitation’ means the period specified under Section 514
of BNSS for taking cognizance
▪ Bar to taking Cognizance after Lapse of Period of Limitation (Section 514):
o Sub section (1) states that no Court shall take cognizance of an offence of the
category specified in sub-section (2), after the expiry of the period of limitation.
o Sub section (2) states that the period of limitation shall be:
• Six months, if the offence is punishable with fine only.
• One year, if the offence is punishable with imprisonment for a term not
exceeding one year.
• Three years, if the offence is punishable with imprisonment for a term
exceeding one year but not exceeding three years.
 INHERENT POWER OF HIGH COURT

The Bharatiya Nagarik Suraksha Sanhita (BNSS) recognizes the inherent powers of the High
Court in Section 528. This section states that the High Court's inherent powers are not limited
by the BNSS. These powers include:
• Making orders to give effect to any order under the Code
• Preventing abuse of the legal process
• Securing the ends of justice
The High Court's inherent powers are important because they:
• Ensure that the judicial system upholds the Indian Constitution
• Allow the High Court to exercise its jurisdiction to quash criminal proceedings
• Allow the High Court to exercise its power even if the offense is non-compoundable
The High Court can exercise its inherent powers in cases where:
• There is a legal bar against the proceedings
• The allegations in the FIR or complaint do not constitute the offense alleged
• There is no legal evidence to support the charge, or the evidence clearly failed to prove
the charge
The High Court will schedule a hearing to quash a First Information Report (FIR). During the
hearing, the petitioner's counsel will outline the legal framework and supporting
arguments. The opposing party can present counter-arguments, and the court will scrutinize the
FIR and the investigation process.