Under the Bharatiya Nyaya Sanhita, 2023, in the case of sentence of death, power to suspend, remit or…
Section 5 of the BNS lets the "appropriate Government" commute a sentence, and its Explanation makes the Central Government appropriate where the sentence is of death, and…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, in the case of sentence of death, power to suspend, remit or commute is conferred upon:
Answer and explanation
Correct answer C
Section 5 of the BNS lets the "appropriate Government" commute a sentence, and its Explanation makes the Central Government appropriate where the sentence is of death, and the State Government where the offence relates to a State matter, "whether of death or not". So in a death sentence both Governments hold the power, as the BNSS also provides for suspension and remission; the President's power under Article 72 comes from the Constitution, not from the BNS.
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