Punishments Under Bharatiya Nyaya Sanhita (BNS) Explained

🔹 Section 4 – Types of Punishments

A person can get these punishments:

a. Death penalty

b. Life imprisonment

c. Imprisonment

1. Rigorous → with hard labour (like physical work)

1. Simple → no hard labour

d. Forfeiture of property (government takes property)
e. Fine (money penalty)

f. Community service

👉 Example:
If someone commits theft → court can give jail + fine.

🔹 Section 5 – Commutation of Sentence

Government can change punishment to a lighter one without asking the criminal.

a. Central Govt → for national matters / death penalty

b. State Govt → for state matters

👉 Example:
Death penalty ➝ changed to life imprisonment.

🔹 Section 6 – Life Imprisonment Calculation

For calculation purposes:

👉 Life imprisonment = 20 years (assumed)

👉 Example:
If law says “1/2 of life imprisonment” → it means 10 years.

🔹 Section 7 – Type of Imprisonment

Court decides:

• Fully rigorous

• Fully simple

• Mixed (some part rigorous + some simple)

👉 Example:
10 years jail → 5 years hard labour + 5 years simple.

🔹 Section 8 – Fine Rules

1. No limit on fine (but should not be excessive)

If fine is not paid:

Court can give extra imprisonment

👉 Example:
₹10,000 fine → not paid → extra jail.

Limit on extra jail (default of fine)

• Max = 1/4 of maximum punishment

👉 Example:
Max punishment = 4 years
→ Default jail = max 1 year

  If only fine (no jail punishment)

Fine Amount	Max Jail (if not paid)
≤ ₹5000	2 months
≤ ₹10000	4 months
Above ₹10000	1 year

If fine is partially paid

Jail reduces proportionally.

👉 Example:
Fine = ₹1000
Default jail = 4 months

• Paid ₹750 → only 1 month jail

• Paid ₹500 → 2 months jail

Important Rules

• Jail ends once fine is paid

• Fine can be collected within 6 years

• Even after death → property can be used to recover fine

🔹 Section 9 – One Act, One Punishment

If one act has multiple parts:

👉 Person gets only one punishment, not multiple.

👉 Example:
A hits Z 50 times → still one punishment, not 50.

BUT 👇

👉 If different victims:

👉 Example:
A hits Z and also hits Y
→ A gets two punishments

🔹 Section 10 – Doubt Between Offences

If court is unsure which crime is committed:

👉 Give punishment for less serious offence

👉 Example:
Crime could be theft OR cheating
→ court gives punishment for lighter one.

🔹 Section 11 – Solitary Confinement

Court can give isolation (alone jail) but limited:

Total Jail	Max Solitary
≤ 6 months	1 month
6–12 months	2 months
> 1 year	3 months

🔹 Section 12 – Rules for Solitary Confinement

• Max 14 days at a time

• Must give break between periods

• If jail > 3 months → max 7 days per month

👉 Example:
Cannot keep someone alone continuously for long time.

🔹 Section 13 – Repeat Offenders (Serious Crimes)

If person commits serious crime again:

👉 Punishment becomes very strict:

• Life imprisonment OR

• Up to 10 years jail

👉 Applies to crimes under:

• Chapter X (public order)

• Chapter XVII (property crimes like theft)

👉 Example:
If someone commits theft again after conviction → harsher punishment.