सं Samvidhan

Indian Penal Code, 1860

Section 55A

repealed

Definition of appropriate Government

Why this exists

Sections 54 and 55 of the IPC deal with the President's or Governor's power (exercised through the government) to commute a death sentence or a life sentence into a lesser punishment. Since India has both Central and State Governments, the law needed to clarify which government has this authority in a given case — usually depending on the subject matter or the executive authority under which the person was convicted. Section 55A was inserted to supply this clarification.

Common misconceptions
  • Myth: The 'appropriate Government' is always the Central Government.
    Fact: It depends on the nature of the offence and applicable law — either the Central or State Government can be the 'appropriate Government' depending on the circumstances defined in this section.