IPC §55A → BNS §5
Definition of "appropriate Government"
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Comparison
1[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.]
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.
What changedAI-inferred
BNS Section 5 carries the IPC 55A definition character-identically as an Explanation embedded in the commutation section. The two-limb structure (Union-extends → Central Government; State-extends → State Government) is preserved.
Old position
IPC Section 55A was inserted in 1955 to define appropriate Government for IPC 54 and IPC 55. The two-limb structure split Union and State authority by reference to the executive-power scheme of the Constitution.
New position
BNS Section 5 carries the IPC 55A definition character-identically as an Explanation embedded in the commutation section. The two-limb structure (Union-extends → Central Government; State-extends → State Government) is preserved.
Editorial deltaAI-indicated (source-linked)
IPC Section 55A was inserted by the Code of Criminal Procedure (Amendment) Act, 1955 to define appropriate Government for IPC 54 and IPC 55. BNS Section 5 carries the same definition character-identically as an Explanation embedded directly in the commutation section. The two-limb structure is preserved: (a) Union-extends → Central Government; (b) State-extends → Government of the State within which the offender is sentenced. Mechanical changes only: IPC's In sections 54 and 55 cross-reference becomes BNS's For the purposes of this section (since the Explanation is now embedded in BNS 5, no external pointer is needed). The structural shift from a stand-alone section to an embedded Explanation is consolidation, not envelope drift.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 55A continues to apply. For matters from that date forward, BNS 5 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.
Frequently asked
The Explanation to BNS Section 5. The two-limb definition of appropriate Government is preserved character-identically.
Sources
- India Code — Indian Penal Code, 1860 (pending verification)
- Bharatiya Nyaya Sanhita, 2023 — bare act PDF (Gazette of India, 25 December 2023; Act No. 45 of 2023)
- Code of Criminal Procedure (Amendment) Act, 1955 — inserted IPC 55A
Cite this page
Newlaws.in, IPC §55A → BNS §5 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/55A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.