IPC Section 54 - Commutation of Sentence of Death
Section 54 of the Indian Penal Code. "Commutation of Death Sentence" In every case where a sentence of death has been passed, the appropriate Government may, without the consent of the offender, commute the sentence to any other punishment provided by this Code, whereas reading section 55 In every case where a sentence of life imprisonment has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for the term not exceeding fourteen years other punishment provided by this Code.
What does appropriate government mean?
The expression "appropriate Government" is defined in sections 54 and 55 to mean the Central Government in cases where the sentence is a death sentence or for an offence against any law relating to a matter to which the executive power of the Union extends, and the State Government 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 Union extends.
In contrast to section 54, which allows the proper government to commute a death sentence, this section allows the same authority to commute a life sentence. The offender's assent is not required for commutation under this section, as it was under the prior section. A life sentence can be converted to a term of imprisonment of up to fourteen years in either category. The Code of Criminal Procedure, 1973, contains a comparable provision in section 433(b). This section and section 433(b) of the Code of Criminal Procedure, 1973, have vested the power of commutation in the competent Government, and the Courts have no authority to provide orders in this regard.Â
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How to file/defend your case under IPC Section 54
If the individual is defending his case under section 54 of the IPC, he should hire a lawyer to work upon the applicability of this section in order to commute the punishment for any other punishment provided by this Code. A competent lawyer will strive hard to defend your case in court and will almost surely assist you, either by getting you out of the case or by lessening your sentence and will take any other required action related to the death sentence.Â
In what cases death punishment can be given?Â
Under the Indian Penal Code, various crimes such as criminal conspiracy, murder, the war against the government, abetment of mutiny, dacoity with murder, and anti-terrorism are punishable by death. So in this kind of punishment, the appropriate government has the power to commute the death sentence to other punishment under section 54 and In case of sentence passed for life imprisonment then the appropriate government can commute the punishment to imprisonment not exceeding fourteen years under section 55.
Which kind of criminals is exempt from the death penalty?
Minor: A kid under the age of 18 who commits a crime in India is not executed, according to the law.
According to a 2009 amendment, a pregnant woman facing the death penalty must be granted clemency.
Mentally handicapped: According to the Indian Penal Code, a person who was mentally ill at the time of the crime, or who was unable to grasp the nature of the act or that the act was illegal, can be held accountable under the law and face the death penalty.
Case laws: State of Haryana & others V. Ram Diya (1990): In the absence of an order of commutation under Section 55 IPC by the appropriate government, which term is defined under Section 55-A IPC, or under Section 433(b) of the Criminal Procedure Code of 1973 by the appropriate government, or on a clemency order in exercise of empowering under Article 72 or 161 of the Constitution of India, there is no question of releasing such a lifer early. In addition, Section 54 of the Indian Penal Code allows the competent authorities to commute a death sentence to any other punishment specified in the Indian Penal Code.
State of Tamil Nadu V. Nalini (1999): The case of State of Tamil Nadu v Nalini was brought as an appeal against a decision of the Tamil Nadu High Court. Rajiv Gandhi's assassination case is widely recognized. The offenders were charged under the Indian Evidence Act of 1872, the Indian Wireless Telegraphy Act of 1933, the Foreigners Act of 1946, the Passports Act of 1967, the Arms Act of 1959, the Explosive Substances Act of 1908, the Indian Penal Code of 1908 (IPC), the TADA Rules, and the Terrorist And Disruptive Activities (Prevention) Act of 1987. There were 26 defendants in the case, and the Apex Court sentenced four of them to death. The defendants were members of the LTTE (Liberation Tigers of Tamil Eelam) and were seeking retaliation for the Indian government's decision to send soldiers to Sri Lanka. However, according to a recent update, Nalini Sriharan, V Sriharan, and Murghan have filed a petition for mercy killing because their mercy appeal has not received a response.
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Rajendra Raj v. State of Bihar: The accused were found guilty of the murders of Krishnandan and Sir Bahadur in the case of Rajendra Rai v. the State of Bihar because the accused and deceased had a property dispute between their homes. The death penalty was ordered by the trial court, and it was upheld by the High Court. The Supreme Court, on the other hand, believed that the case could not be classified as the rarest of rare cases. The death punishment was thus commuted to life imprisonment
Conclusion: We examined section 54 of the Indian Penal Code, 1860, as well as other relevant sections, in this blog, which deals with "Commutation of Death Sentence." It is regarded as one of the most severe and severe penalties. The appropriate government may commute the sentence to any other punishment permitted by this Code without the approval of the offender. Because the Court understands the value of life, it only authorizes the death penalty in the most extreme cases, where the accused poses a threat to society. The Court has the authority and the authority to reduce the penalty. Section 54, on the other hand, allows the government to compute the penalty
This article on IPC Section 54 is written by Mr. Abhinav Kumar, a Final year student at the University of Petroleum and Energy Studies, Dehradun.
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