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Punishments under BNS

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 17-Dec-2024

Introduction 

  • Chapter II of the Bharatiya Nyaya Sanhita, 2023 (BNS) states the provisions based on Punishments for different offences. 
  • The BNS categorizes punishments into several distinct types, each designed to address different levels of offenses:

Punishments under BNS

Section 

Description 

Punishment 

4 

Punishments: Lists the types of punishments under the Sanhita. 

    • Death  
    • Imprisonment for life  
    • Imprisonment of two types:  
      • Rigorous (with hard labour)  
      • Simple  
    • Forfeiture of property  
    • Fine  
    • Community service. 

5 

Commutation of Sentence: Appropriate Government may commute a punishment to a lesser one as per section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 

    • Sentence may be reduced to a lesser punishment.  
    • Central Government decides for offences under Union jurisdiction 
    • State Government decides for offences under State jurisdiction. 

6 

Fractions of Terms of Punishment: Clarifies imprisonment duration calculations. 

    • Imprisonment for life is calculated as 20 years unless stated otherwise. 

7 

Rigorous or Simple Imprisonment: Courts can decide the type of imprisonment. 

    • Imprisonment can be wholly rigorous, wholly simple, or partly rigorous and partly simple. 

8 

Fine and Liability in Default: Defines fines and related imprisonment. 

    • Fine amount is unlimited but must not be excessive.  
    • Imprisonment in default of payment: not exceeding ¼ of the maximum term of imprisonment for the offence.  
    • For community service or fine: Simple imprisonment not exceeding:  
      • 2 months (fine ≤ ₹5,000)   
      • 4 months (fine ≤ ₹10,000)  
      • 1 year (any other case). 

9 

Limit of Punishment for Compound Offences: Prevents double punishment for overlapping offences. 

    • The offender is punished only for one offence unless otherwise expressly provided. 

10 

Doubtful Judgments: For cases where guilt for multiple offences is unclear. 

    • Offender is punished for the offence carrying the lowest punishment. 

11 

Solitary Confinement: Permissible as part of rigorous imprisonment. 

    • Not exceeding 3 months in total.  
    • Based on total imprisonment duration:  
      •  ≤ 6 months: Solitary confinement ≤ 1 month  
      • 6 months to 1 year: ≤ 2 months 
      • > 1 year: ≤ 3 months. 

12 

Limit of Solitary Confinement: Restrictions on solitary confinement execution. 

    • Maximum 14 consecutive days at a time with equal breaks in between. 
    • For imprisonment: 
      • > 3 months: ≤ 7 days solitary confinement per month, with equal intervals. 

13 

Enhanced Punishment for Repeat Offenders: Additional punishment for certain repeated offences. 

    • Repeat offenders under Chapter X or XVII with prior convictions:  
      • Life imprisonment  
      • Imprisonment of either description up to 10 years. 

Rationale Behind the Punishments 

  • The BNS is grounded in the belief that punishments should serve multiple purposes:  
    • deterrence, retribution, rehabilitation, and societal protection.  
    • The reforms aim to create a more humane and just legal system that recognizes the complexities of human behavior and the need for second chances. 

Conclusion 

The introduction of the BNS marks a pivotal moment in India's legal landscape. By redefining punishments and emphasizing rehabilitation alongside deterrence, this new code seeks to create a more equitable and effective justice system. As society evolves, so must its laws, and the BNS represents a significant step toward achieving that goal.