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CONTENTS
DIVISION ONE
BHARATIYA NYAYA SANHITA, 2023
u Table showing sections of Indian Penal Code, 1860 and corresponding sections of Bharatiya Nyaya Sanhita, 2023 1.3
u Table showing sections of Bharatiya Nyaya Sanhita, 2023 and corresponding sections of Indian Penal Code, 1860 1.49
u Table showing new sections of Bharatiya Nyaya Sanhita, 2023 1.95
u Table showing sections of Indian Penal Code, 1860 repealed by Bharatiya Nyaya Sanhita, 2023 1.97
u Section Key to Bharatiya Nyaya Sanhita, 2023 1.99
u Alphabetical Key to Comparative Study of Bharatiya Nyaya Sanhita, 2023 (BNS) & Indian Penal Code, 1860 (IPC) 1.121
u Comparative Study of Bharatiya Nyaya Sanhita, 2023 (BNS) & Indian Penal Code, 1860 (IPC) 1.135
u Guide to Punishment for Offences under Bharatiya Nyaya Sanhita, 2023 1.173
u Arrangement of sections 1.225
u Text of Bharatiya Nyaya Sanhita, 2023 1.243
u Statement of Objects and Reasons 1.421
u Notes on Clauses 1.423
u 246th Report on Bharatiya Nyaya Sanhita, 2023 - Parliamentary Standing Committee on Home Affairs - Observations/ Recommendations - At a Glance 1.457
u Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023 1.467
u Appendix : Provisions of other Acts Referred to in Bharatiya Nyaya Sanhita, 2023 1.469
u Subject Index 1.475 I-5
DIVISION TWO
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
u Table showing sections of Code of Criminal Procedure, 1973 and corresponding sections of Bharatiya Nagarik Suraksha Sanhita, 2023 2.3
u Table showing sections of Bharatiya Nagarik Suraksha Sanhita, 2023 and corresponding sections of Code of Criminal Procedure, 1973 2.41
u Table showing new sections of Bharatiya Nagarik Suraksha Sanhita, 2023 2.79
u Table showing sections of Code of Criminal Procedure, 1973 repealed by Bharatiya Nagarik Suraksha Sanhita, 2023 2.81
u Section Key to Bharatiya Nagarik Suraksha Sanhita, 2023 2.83
u Alphabetical Key to Comparative Study of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) & Code of Criminal Procedure, 1973 (Cr.PC.) 2.111
u Comparative Study of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) & Code of Criminal Procedure, 1973 (Cr.PC.) 2.127
u Arrangement of sections 2.179
u Text of Bharatiya Nagarik Suraksha Sanhita, 2023 2.203
u Statement of Objects and Reasons 2.579
u Notes on Clauses 2.581
u 247th Report on Bharatiya Nagarik Suraksha Sanhita, 2023Parliamentary Standing Committee on Home AffairsObservations/Recommendations - At a Glance 2.651
u Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023 2.663
u Appendix : Provisions of other Acts Referred to in Bharatiya Nagarik Suraksha Sanhita, 2023 2.665
u Annexures
l Delegation of Powers to Administrators of Union Territories 2.681
l Forensic Science Laboratories of Delhi, Officials of 2.682
l Specified Police Control Room 2.683 CONTENTS
CONTENTS
l Redesignation of existing Magisterial Courts of Chief Metropolitan Magistrates, Addl. Chief Metropolitan Magistrates, Metropolitan Magistrates, etc. of all the Metropolitan Areas (erstwhile)/Judicial Districts of the National Capital Territory of Delhi 2.684
l Notified Government Scientific Experts 2.696
l Examination of witnesses through audio-video electronic means 2.697
u Subject Index 2.699
DIVISION THREE
BHARATIYA SAKSHYA ADHINIYAM, 2023
u Table showing sections of Indian Evidence Act, 1872 and corresponding sections of Bharatiya Sakshya Adhiniyam, 2023 3.3
u Table showing sections of Bharatiya Sakshya Adhiniyam, 2023 and corresponding sections of Indian Evidence Act, 1872 3.19
u Table showing new sections of Bharatiya Sakshya Adhiniyam, 2023 3.35
u Table showing sections of Indian Evidence Act repealed by Bharatiya Sakshya Adhiniyam, 2023 3.37
u Section Key to Bharatiya Sakshya Adhiniyam, 2023 3.39
u Comparative Study of Bharatiya Sakshya Adhiniyam, 2023 (BSA) and Indian Evidence Act, 1872 3.51
u Arrangement of sections 3.89
u Text of Bharatiya Sakshya Adhiniyam, 2023 3.99
u Statement of Objects and Reasons 3.193
u Notes on Clauses 3.195
u 248th Report on Bharatiya Sakshya Bill, 2023 - Parliamentary Standing Committee on Home Affairs - Observations/ Recommendations - At a Glance 3.223
u Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023 3.227
u Appendix : Provisions of other Acts Referred to in Bharatiya Sakshya Adhiniyam, 2023 3.229
u Subject Index 3.231 I-7
BHARATIYA NYAYA SANHITA, 2023 [45 OF 2023]
An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:––
CHAPTER I PRELIMINARY
Short title, commencement and application.
1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.
Corresponding Provision : Section 1 of IPC, 1860
(2)It shall come into force on such date as the Central Government may, by notification in the Official Gazette†, appoint, and different dates may be appointed for different provisions of this Sanhita.
Corresponding Provision : Section 1 of IPC, 1860
(3)Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
Corresponding Provision : Section 2 of IPC, 1860
(4)Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.
Corresponding Provision : Section 3 of IPC, 1860
(5) The provisions of this Sanhita shall also apply to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(
c) any person in any place without and beyond India committing offence targeting a computer resource located in India.
† Notification No. S.O. 850(E), dated 23-2-2024 - In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the Central Government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force.
1.243
S. 2
BHARATIYA NYAYA SANHITA, 2023 1.244
Explanation.—In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.
Illustration
A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.
Corresponding Provision : Section 4 of IPC, 1860
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
Corresponding Provision : Section 5 of IPC, 1860 Definitions.
2. In this Sanhita, unless the context otherwise requires,––(1) “act” denotes as well a series of acts as a single act;
Corresponding Provision : Sections 32 and 33 of IPC, 1860
(2) “animal” means any living creature, other than a human being;
Corresponding Provision : Section 47 of IPC, 1860
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;
Corresponding Provision : Section 28 of IPC, 1860
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially;
Corresponding Provision : Section 20 of IPC, 1860
(6) “death” means the death of a human being unless the contrary appears from the context;
Corresponding Provision : Section 46 of IPC, 1860
(7) “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person;
Corresponding Provision : Section 24 of IPC, 1860
1.245 CH. I : PRELIMINARY S. 2
(8) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
Illustrations
(a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence, is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2 Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature;
Corresponding Provision : Section 29 of IPC, 1860 (9) “fraudulently” means doing anything with the intention to defraud but not otherwise;
Corresponding Provision : Section 25 of IPC, 1860 (10) “gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender.
Explanation.–– “transgender” shall have the meaning assigned to it in clause (k) of section 2* of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);
Corresponding Provision : Section 8 of IPC, 1860 (11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention;
Corresponding Provision : Section 52 of IPC, 1860
* For text of section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019, see Appendix
S. 2
BHARATIYA NYAYA SANHITA, 2023 1.246
(12) “Government” means the Central Government or a State Government;
Corresponding Provision : Section 17 of IPC, 1860
(13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension;
Corresponding Provision : Section 52A of IPC, 1860
(14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property;
Corresponding Provision : Section 44 of IPC, 1860
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit;
Corresponding Provision : Section 43 of IPC, 1860
(16) “Judge” means a person who is officially designated as a Judge and includes a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment.
Illustration
A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;
Corresponding Provision : Section 19 of IPC, 1860
(17) “life” means the life of a human being, unless the contrary appears from the context;
Corresponding Provision : Section 45 of IPC, 1860 (18) “local law” means a law applicable only to a particular part of India; Corresponding Provision : Section 42 of IPC, 1860
(19) “man” means male human being of any age;
Corresponding Provision : Section 10 of IPC, 1860
(20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar;
Corresponding Provision : Section 49 of IPC, 1860
(21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
Corresponding Provision : Section 22 of IPC, 1860
(22) “number”.—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
Corresponding Provision : Section 9 of IPC, 1860
(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
Corresponding Provision : Section 51 of IPC, 1860
(24) “offence”.—Except in the Chapters and sections mentioned in subclauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but––(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of sections 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and (b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;
Corresponding Provision : Section 40 of IPC, 1860 (25) “omission” denotes as well as a series of omissions as a single omission; Corresponding Provision : Section 33 of IPC, 1860
(26) “person” includes any company or association or body of persons, whether incorporated or not;
Corresponding Provision : Section 11 of IPC, 1860
(27) “public” includes any class of the public or any community;
Corresponding Provision : Section 12 of IPC, 1860
(28) “public servant” means a person falling under any of the descriptions, namely:— 1.247
(a) every commissioned officer in the Army, Navy or Air Force;
(
b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(
c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court to perform any of such duties;
(
d) every assessor or member of a panchayat assisting a Court or public servant;
(
e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;
(
(
f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(
h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
1.249 CH. I : PRELIMINARY S. 2
(ii) in the service or pay of a local authority as defined in clause (31) of section 3* of the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2** of the Companies Act, 2013 (18 of 2013).
Explanation.—
(a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant;
(c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under any law for the time being in force.
Illustration
A Municipal Commissioner is a public servant;
Corresponding Provision : Section 21 of IPC, 1860
(29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise;
Corresponding Provision : Section 26 of IPC, 1860
(30) “special law” means a law applicable to a particular subject;
Corresponding Provision : Section 41 of IPC, 1860
(31) “valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”;
Corresponding Provision : Section 30 of IPC, 1860 (32) “vessel” means anything made for the conveyance by water of human beings or of property;
Corresponding Provision : Section 48 of IPC, 1860 (33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which,
* For text of section 3(31) of the General Clauses Act, 1897, see Appendix
** For text of section 2(45) of the Companies Act, 2013, see Appendix
S. 3
at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily;
Corresponding Provision : Section 39 of IPC, 1860
(34) “will” means any testamentary document;
Corresponding Provision : Section 31 of IPC, 1860
(35) “woman” means a female human being of any age;
Corresponding Provision : Section 10 of IPC, 1860
(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled;
Corresponding Provision : Section 23, para 1 of IPC, 1860
(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled;
Corresponding Provision : Section 23, para 2 of IPC, 1860
(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property; and
Corresponding Provision : Section 23, para 3 of IPC, 1860 (39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Corresponding Provision : Section 29A of IPC, 1860
General explanations.
3. (1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration
Illustrations
(a) The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
Corresponding Provision : Section 6 of IPC, 1860 (2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation.
Corresponding Provision : Section 7 of IPC, 1860 (3) When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita.
Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section.
Corresponding Provision : Section 27 of IPC, 1860
(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
Corresponding Provision : Section 32 of IPC, 1860
(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Corresponding Provision : Section 34 of IPC, 1860
(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
Corresponding Provision : Section 35 of IPC, 1860
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
Corresponding Provision : Section 36 of IPC, 1860
(8) When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
S. 4
(
NYAYA SANHITA, 2023 1.252
Illustrations
a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
(
b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(
c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.
Corresponding Provision : Section 37 of IPC, 1860
(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
Corresponding Provision : Section 38 of IPC, 1860
CHAPTER II OF PUNISHMENTS
Punishments.
4. The punishments to which offenders are liable under the provisions of this Sanhita are—
(a) Death;
(b) Imprisonment for life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d) Forfeiture of property;
1.253
(e) Fine; (f) Community Service.
CH. II : OF PUNISHMENTS S. 5
Corresponding Provision : Section 53 of IPC, 1860
COMMENTS
Different categories of punishment and power to grant remission - Under Chapter III of the IPC, different punishments have been provided. Section 53 of IPC provides for five categories of punishments: the death penalty, imprisonment for life, imprisonment (either rigorous or simple), forfeiture of property and fine. It is also a settled position that when an offender is sentenced to undergo imprisonment for life, the incarceration can continue till the end of the life of the accused. However, it is subject to a grant of remission under the provisions of the Code of Criminal Procedure, 1973 and the Constitutional powers vested in the Hon'ble Governor and the Hon'ble President of India, as the case may be. While imposing a life sentence, if it is directed that the accused shall not be released for a specific period, it becomes a modified punishment. In such a case, before the expiry of the fixed period provided, the power to grant remission under Cr.P.C. cannot be exercised. [Para 7] - Shiva Kumar Alias Shiva Alias Shivamurthy v. State of Karnataka AIR 2023 Supreme Court 1774. Punishment can be modified if convict is not habitual offender - Where there was no material placed on record by the prosecution to show that the appellant was involved in any other offence, but this was a case of a very brutal offence committed by a group of accused who were armed with deadly weapons and they had killed three persons at a time and injured two, the conviction of the appellant, under the impugned judgments, was to be upheld. However, the order of sentence was to be modified. [Paras 9 and 12] - Shiv Mangal Ahirwar v. State of Madhya Pradesh AIR 2023 Supreme Court 1919.
Life sentence can be modified to fixed term if capital punishment is not imposed - Even in a ease where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the IPC, shall be of a fixed period of more than fourteen years, for example, of twenty years, thirty years and so on. The fixed punishment cannot be for a period less than 14 years in view of the mandate of Section 433A of Cr.P.C. [Para 13] - Shiva Kumar Alias Shiva Alias Shivamurthy v. State of Karnataka AIR 2023 Supreme Court 1774.
Balancing scales of retributive justice and restorative justice, appropriate punishment to be imposed - One of the basic principles of restorative justice as developed by the Apex Court over the years, also is to give an opportunity to the offender to repair the damage caused, and to become a socially useful individual, when he is released from the jail. The maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender. Hence, balancing the scales of retributive justice and restorative justice, appropriate punishment was to be imposed upon the accused. [Para 43] - Mohd. Firoz v. State of Madhya Pradesh AIR 2022 Supreme Court 1967.
Commutation of sentence.
5. The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Explanation.––For the purposes of this section the expression “appropriate Government” means,––
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.
Corresponding Provision : Sections 54, 55 and 55A of IPC, 1860 Fractions of terms of punishment.
6. In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided.
Corresponding Provision : Section 57 of IPC, 1860 Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
7. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
Corresponding Provision : Section 60 of IPC, 1860
Amount of fine, liability in default of payment of fine, etc.
8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Corresponding Provision : Section 63 of IPC, 1860 (2) In every case of an offence––
(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment; (b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
Corresponding Provision : Section 64 of IPC, 1860