BNSS Section 473: Power to Suspend or Remit Sentences (CrPC 432 Mapping) (2026)
What Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) does: it gives the appropriate Government the power to suspend or remit a sentence, with or without conditions. It carries forward Section 432 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure code in force since 1 July 2024, is the remission power. It lets the appropriate Government suspend a sentence or remit the whole or part of the punishment. It replaced Section 432 of the Code of Criminal Procedure (CrPC). This is about reducing or holding back a sentence after conviction, not about bail. If you are looking for bail by the High Court or Sessions Court, that is Section 483 of the BNSS. This explainer sets out what Section 473 covers, the conditions and cancellation, how it maps to the old law, and what changed. Last verified October 2026.
- What it is: Section 473 of the BNSS lets the appropriate Government suspend a sentence or remit the whole or part of the punishment, with or without accepted conditions.
- Old section: it carries forward Section 432 of the CrPC. Remission sits in BNSS Sections 473 to 475.
- Not bail: bail in non-bailable offences is Section 480; the HC/Sessions special bail power is Section 483.
- Safeguard: a suspension or remission cannot be cancelled without a show cause notice. In force since 1 July 2024.
01What Section 473 is, and is not
Section 473 is the statutory power to suspend or remit a sentence. It is the route behind remission policies, early release and the shortening of jail terms. It is an executive power exercised by the Government, not by the court that convicted the person.
It is not a bail provision. Some lists wrongly tie "Section 473" to bail in non-bailable cases. Under the BNSS, bail in non-bailable offences is Section 480 (old CrPC 437), and the special power of the High Court or Court of Session to grant bail is Section 483 (old CrPC 439). Section 473 is about sentence remission.
02What Section 473 says
Section 473(1) provides that when a person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon conditions which the sentenced person accepts, suspend the execution of the sentence or remit the whole or any part of the punishment.
Suspend vs remit
To suspend is to hold back the execution of a sentence for a time. To remit is to wipe out the whole or a part of the punishment. Section 473 covers both.
The power is wide and can be used at any time after sentence. It is one of the main ways a sentence is reduced outside the appeal process.
03Conditions and cancellation
The suspension or remission can be unconditional, or on conditions the sentenced person accepts. A condition may be one the person must fulfil, or one that is independent of their will.
The Government can also cancel a suspension or remission, for example if a condition is broken, after which the person may be arrested to serve the unexpired part of the sentence. The Supreme Court has held that a person must be given a show cause notice, stating the grounds, before a suspension or remission is withdrawn, so natural justice is read into this power. The section also lets the Government seek the presiding judge's opinion and make rules on how petitions are presented.
04Who is the appropriate Government
The section defines the "appropriate Government". It is the Central Government where the sentence is for an offence relating to a matter to which the executive power of the Union extends. It is the State Government in other cases, that is, where the executive power of the State extends to the matter.
This split decides which Government can suspend or remit a particular sentence, and it matters where central agencies investigated the case.
05Old to new: CrPC 432 to BNSS 473
Section 432 of the CrPC is now Section 473 of the BNSS. The remission scheme sits in Sections 473 to 475 of the BNSS, replacing the old Sections 432 to 433A of the CrPC. Section 474 deals with commutation of a sentence.
| Power | Old law (CrPC) | New law (BNSS) |
|---|---|---|
| Suspend or remit a sentence | Section 432 | Section 473 |
| Commute a sentence | Section 433 | Section 474 |
| Bail in non-bailable offences | Section 437 | Section 480 |
| HC/Sessions special power on bail | Section 439 | Section 483 |
Reading the table avoids the common error of treating Section 473 as a bail provision. Section 473 is remission; bail sits in Sections 480 and 483.
06Where the bail provisions are
If you reached this page looking for bail, here is the map. Bail in non-bailable offences is Section 480 of the BNSS (old Section 437). The special power of the High Court and the Court of Session to grant bail, set aside conditions, or cancel bail is Section 483 of the BNSS (old Section 439). Anticipatory bail is Section 482 (old Section 438).
Section 473, by contrast, is the post-conviction power to suspend or remit the sentence. For the State's appeal against a sentence it considers too light, see Section 418 of the BNSS.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Remission and early release turn on policy, accepted conditions and court oversight, and the case law that grew under Section 432, now Section 473, decides how far the power runs. Claw holds over 30 crore judgments, reaching Supreme Court decisions from 1950 and High Court decisions from 1990, and answers a query in under 5 seconds. It also tracks cases, orders and hearings across 9,102 courts, benches and forums, so a remission matter, or a challenge to a cancelled remission, can be followed by party or advocate name.
Claw does not feed your case documents into its AI training. Start a free Claw account to gather the leading remission authorities and track a live Section 473 matter, and for everything beyond this topic open the case search across Indian courts hub.
08Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- PRS Legislative Research (BNSS overview and CrPC comparison): prsindia.org
- Section 473, BNSS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 473 of the BNSS?
Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the appropriate Government, at any time, to suspend the execution of a sentence or remit the whole or any part of the punishment, with or without conditions that the sentenced person accepts. It restates Section 432 of the old CrPC.
Is Section 473 of the BNSS about bail?
No. Section 473 is the power to suspend or remit a sentence after conviction. Bail in non-bailable offences is Section 480 of the BNSS (old Section 437), and the special power of the High Court or Court of Session on bail is Section 483 (old Section 439).
Which old section does BNSS Section 473 replace?
It replaces Section 432 of the Code of Criminal Procedure, 1973. The remission scheme now sits in Sections 473 to 475 of the BNSS, with commutation in Section 474.
Can a remission be cancelled?
Yes. The Government can cancel a suspension or remission, and the person may then be arrested to serve the unexpired sentence. But the Supreme Court has held that a show cause notice stating the grounds must be given first, so natural justice applies.
Who is the appropriate Government?
It is the Central Government where the offence relates to a matter within the executive power of the Union, and the State Government in other cases. This decides which Government can suspend or remit a particular sentence.
Can I track a remission matter in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums by party or advocate name, and lets you search 30 crore+ judgments in under 5 seconds for how Section 473, or the old Section 432, has been applied. It researches and tracks the matter but does not give legal advice.