Section 5 of the Bharatiya Nyaya Sanhita allows the appropriate Government to commute any punishment without the offender’s consent, subject to Section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and constitutional safeguards.
The Supreme Court of India, in Association for Democratic Reforms v. Union of India (2024), declared the Electoral Bond Scheme, 2018, unconstitutional for violating transparency, the right to know under Article 19(1)(a), and the principle of equality under Article 14. The scheme enabled anonymous political donations and removed caps on corporate funding, raising concerns about electoral integrity. The judgment mandates disclosure of political donations, limits corporate influence, and reinforces free and fair elections, thereby strengthening India's democratic processes.