Bharatiya Nyaya Sanhita (BNS)
Section 5 of the Bharatiya Nyaya Sanhita, 2023: Commutation of Sentence
Lentis Legalis | 8 March 2026
Reviewed by Adv. Chandrasen Yadav
Section 5 – Commutation of sentence.
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.
Explanation. – For the purposes of this section 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.
Bharatiya Nyaya Sanhita (BNS)
Section 26 of the Bharatiya Nyaya Sanhita, 2023: Act not intended to cause death, done by consent in good faith for person’s benefit.
Lentis Legalis | 9 March 2026
Reviewed by Adv. Chandrasen Yadav
Section 26 – Act not intended to cause death, done by consent in good faith for person’s benefit.—
Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
Bharatiya Nyaya Sanhita (BNS)
Section 25 of the Bharatiya Nyaya Sanhita, 2023: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
Lentis Legalis | 9 March 2026
Reviewed by Adv. Chandrasen Yadav
Section – 26 : Act not intended and not known to be likely to cause death or grievous hurt, done by consent.—
Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
Bharatiya Nyaya Sanhita (BNS)
Section 24 of the Bharatiya Nyaya Sanhita, 2023: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Lentis Legalis | 9 March 2026
Reviewed by Adv. Chandrasen Yadav
Section – 24 : Offence requiring a particular intent or knowledge committed by one who is intoxicated.—
In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
Section 26 of the Bharatiya Nyaya Sanhita, 2023: Act not intended to cause death, done by consent in good faith for person’s benefit.
Section 25 of the Bharatiya Nyaya Sanhita, 2023: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
Section 24 of the Bharatiya Nyaya Sanhita, 2023: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
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