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Criminal Law
Punishments under BNS
«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. |
|
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. |
|
6 |
Fractions of Terms of Punishment: Clarifies imprisonment duration calculations. |
|
7 |
Rigorous or Simple Imprisonment: Courts can decide the type of imprisonment. |
|
8 |
Fine and Liability in Default: Defines fines and related imprisonment. |
|
9 |
Limit of Punishment for Compound Offences: Prevents double punishment for overlapping offences. |
|
10 |
Doubtful Judgments: For cases where guilt for multiple offences is unclear. |
|
11 |
Solitary Confinement: Permissible as part of rigorous imprisonment. |
|
12 |
Limit of Solitary Confinement: Restrictions on solitary confinement execution. |
|
13 |
Enhanced Punishment for Repeat Offenders: Additional punishment for certain repeated offences. |
|
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.