Section 475: Restriction on powers of remission or commutation in certain cases

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 7 of our papers cite Section 475. Try these from the free papers:

1. 1. X was convicted of murder under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, an offence punishable with death or imprisonment for life, and was sentenced to imprisonment for life. Before his conviction he had been in custody for two years during the investigation and trial of the same case. After conviction he has served twelve years and six months. The State Government proposes to remit the rest of his sentence. Does Section 475 of the BNSS stand in the way?

   A.Yes, because pre-conviction detention cannot be set off against a sentence of imprisonment for life, so fourteen years must be served after convictionB.No, because the fourteen-year restriction in Section 475 applies only where a death sentence has been commuted to imprisonment for lifeC.No, because the proviso to Section 468 sets off the pre-conviction detention against the fourteen-year period, so X has served more than fourteen yearsD.Yes, because a person sentenced to life for an offence punishable with death can never be granted remission
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