The Bharatiya Nyay Sanhita (BNS), 2023, an in-depth framework for dealing with crimes and their associated penalties is introduced. While defining precise limits on the kinds of punishments, the commuting of sentences, fines, and imprisonment, this legal system seeks to ensure justice. It also describes community service requirements and repeat offender sanctions, demonstrating a fair and impartial approach to criminal justice. (Under old law, Indian Penal Code the punishments were mentioned from Section 53 to Section 75.)
Section 4: Types of Punishments
The Bharatiya Nyay Sanhita (BNS), 2023, specifies the following types of punishments to which offenders may be liable:,
(a) Death;
(b) Imprisonment for life;
(c) Imprisonment of two types:
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- Rigorous ,
- Simple;
(d) Forfeiture of property;
(e) Fine;
(f) Community service.
Section 5: Commutation of Sentences
The appropriate Government can commute any punishment to a lesser punishment under Section 474 of the BNS, 2023, without the offender’s consent. The “appropriate Government” is defined as:
(a) The Central Government for offences under the Union’s executive power or for cases of death sentences.
(b) The State Government for offences falling under the State’s executive power.
Section 6: Calculation of Fractions of Terms of Punishment
For the purpose of calculating punishment terms, imprisonment for life is treated as equivalent to twenty years unless specified otherwise.
Section 7: Rigorous or Simple Imprisonment
In cases where imprisonment can be either rigorous or simple, the Court has the discretion to decide whether the imprisonment should be wholly rigorous, wholly simple, or partly both.
Section 8: Fines and Default of Payment
(1) Where no specific amount is prescribed, the fine is unlimited but must not be excessive.
(2) If a person fails to pay a fine or complete community service, the Court may impose additional imprisonment in default. This imprisonment cannot exceed one-fourth of the maximum punishment for the offence.
(3) If the offence is punishable with a fine alone or community service, imprisonment for default shall be simple, and its term will depend on the amount of the fine:
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- (a) Two months if the fine is up to ₹5,000,
- (b) Four months if the fine is up to ₹10,000,
- (c) One year for any other case.
(4) Imprisonment ends if the fine is paid or collected.
Section 9: Punishment for Offences Consisting of Multiple Parts
An offender cannot be punished for more than one offence when the offence is composed of several parts, unless expressly provided otherwise. Similarly, if an act constitutes multiple offences, the offender will only be punished for one.
Section 10: Doubtful Guilt Among Several Offences
If a person is convicted of one of several possible offences, but there is doubt as to which one, the offender will receive the punishment for the offence with the lowest sentence.
Section 11: Solitary Confinement
When rigorous imprisonment is imposed, the Court may order solitary confinement for part of the sentence, according to the following scale:
(a) Up to one month if the sentence is up to six months;
(b) Up to two months if the sentence exceeds six months but not one year;
(c) Up to three months if the sentence exceeds one year.
Section 12: Execution of Solitary Confinement
Solitary confinement cannot exceed fourteen days at a time. For sentences over three months, solitary confinement cannot exceed seven days in any month, with equivalent rest periods.
Section 13: Punishment for Repeat Offenders
Anyone convicted of an offence under Chapter X or XVII of this Sanhita, who commits another offence under these Chapters punishable with imprisonment of three years or more, may face imprisonment for life or up to ten years for the subsequent offence.
The BNS, 2023 highlights on the law’s strictness and flexibility, enabling the judiciary to apply suitable sanctions that are appropriate with the nature of the offense. From community service and fines to simple and harsh jail, the Sanhita makes sure that justice functions as a tool for rehabilitation as well as a deterrent. The BNS essentially aims to uphold law and order while providing opportunities for improvement.
SOURCE – MINISTRY OF HOME AFFAIRS
READ ALSO – DEFINITIONS UNDER BNS (SECTION 2)
