Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – Power to Suspend or Remit Sentences

1. Suspension or Remission of Sentence: When a person is sentenced to punishment for an offense, the appropriate Government has the authority to suspend the execution of the sentence or remit the entire punishment, or any part of it, either without conditions or upon conditions agreed to by the person sentenced.
2. Application for Suspension or Remission: If an application is made to the appropriate Government for the suspension or remission of a sentence, the Government may request the presiding judge of the court that convicted or confirmed the conviction to provide an opinion on whether the application should be granted or refused. This opinion must be accompanied by the judge’s reasons and a certified copy of the trial record, if available.
3. Cancellation of Suspension or Remission: If any condition for the suspension or remission of the sentence is not fulfilled, as per the appropriate Government’s view, the Government may cancel the suspension or remission. In such a case, the person who was granted the suspension or remission can be arrested by a police officer, without a warrant, and remanded to serve the remaining portion of the sentence.
4. Conditions for Suspension or Remission: The conditions for suspension or remission can either be conditions to be fulfilled by the person in whose favor the sentence is suspended or remitted, or they may be independent of the person’s will.
5. General Rules for Suspension: The appropriate Government may issue general rules or special orders regarding the suspension of sentences and the conditions under which petitions for suspension or remission should be presented and dealt with. However, for any sentence (excluding fines) passed on an individual over the age of 18, petitions for remission will not be entertained unless the person is in jail. In such cases:
   • (a) If the petition is made by the person sentenced, it must be presented through the jail officer.
   • (b) If the petition is made by another person, it must declare that the sentenced person is in jail.
6. Application to Other Orders: The provisions of this section also apply to any order passed by a criminal court under any section of this Sanhita or any other law that restricts the liberty of a person or imposes any liability on him or his property.
7. Definition of “Appropriate Government”: In this section and Section 474, the term “appropriate Government” is defined as:
   • (a) In cases where the sentence is related to an offense or order under any law that falls under the Union’s executive powers, the Central Government.
   • (b) In other cases, the State Government where the sentence was passed or the order was made.