Different Types of Punishments under Bharatiya Nyaya Sanhita (BNS), 2023

Synopsis

• Introduction
• Legal Provisions on Punishments
  • Punishments under IPC (Section 53)
  • Punishments under BNS (Section 4)
• Types of Punishments under Bharatiya Nyaya Sanhita, 2023
  • Death Penalty
  • Imprisonment for Life
  • Imprisonment (Rigorous & Simple)
  • Fine
  • Forfeiture of Property (removed in BNS)
  • Community Service (new punishment in BNS)
• Conclusion

Introduction

Punishment is an important part of criminal law. It aims to maintain public order, prevent crimes, and reform offenders. The Indian Penal Code (IPC), 1860 originally governed punishments under Section 53. In the new criminal law, the Bharatiya Nyaya Sanhita (BNS), 2023, punishments are updated under Section 4 with one notable addition — community service.

Legal Provisions on Punishments

Punishments under IPC (Section 53 IPC): Section 53 IPC listed:

1. Death
2. Imprisonment for life
3. Imprisonment (rigorous or simple)
4. Forfeiture of property
5. Fine

Punishments under BNS (Section 4 BNS): Section 4 of BNS specifies:

1. Death
2. Imprisonment for life
3. Imprisonment (rigorous or simple)
4. Forfeiture of property (no longer used in the BNS provisions)
5. Fine
6. Community Service (newly introduced)

Types of Punishments under BNS, 2023

Offenders are liable to the following six types of punishments under Section 4 of the Bharatiya Nyaya Sanhita (BNS), 2023:

1. Death

This is the capital punishment and is reserved for the most serious and heinous crimes, typically following the “rarest of rare” doctrine established by the Supreme Court.

• Example: Murder (Section 103 of BNS, formerly Section 302 IPC) is one of the offences punishable with the death penalty, especially in aggravated cases.

2. Imprisonment for Life

In the BNS, this term is clearly defined as imprisonment for the remainder of a person’s natural life, unless the sentence is commuted (reduced) by the appropriate government authority (Section 5 of BNS).

• Example: A person convicted of gang rape of a minor under the age of eighteen years (Section 70(2) of BNS) may be awarded imprisonment for life, among other punishments.

3. Imprisonment

This involves the physical confinement of the offender in a prison and is of two descriptions:

A. Rigorous Imprisonment (with hard labour)

This form of imprisonment requires the convict to perform hard labour (like masonry, carpentry, agriculture, etc.). It is generally prescribed for serious offences.

• Example: Voluntarily causing grievous hurt to deter a public servant from duty (Section 121 of BNS, formerly Section 333 IPC) is punishable with rigorous imprisonment up to ten years and fine.

B. Simple Imprisonment (without hard labour)

This is a lighter form of confinement where the convict is not subjected to hard labour, usually involving light duties. It is generally prescribed for less severe offences.

• Example: Defamation (Section 356 of BNS, formerly Section 500 IPC) is punishable with simple imprisonment which may extend to two years, or with fine, or with both.

4. Forfeiture of Property

This is the confiscation of an offender’s movable or immovable property by the State as a consequence of their criminal act. It is specified for certain offences affecting the security of the State.

• Example: Committing depredation on the territories of a power at peace with the Government of India (Section 154 of BNS, formerly Section 126 IPC) is punishable with both imprisonment and forfeiture of property.

5. Fine

A fine is a pecuniary (monetary) penalty imposed by the Court. The amount of the fine is generally unlimited, but Section 8 of BNS (formerly Section 63 IPC) states that it shall not be excessive. The law also provides for simple imprisonment if the offender defaults in paying the fine.

• Example: A public servant unlawfully engaging in trade (Section 297 of BNS, formerly Section 168 IPC) is punishable with simple imprisonment up to one year, or fine, or both.

6. Community Service (New Addition)

This is a progressive form of punishment introduced for the first time in the BNS. It focuses on restorative justice, requiring the offender to perform unpaid work for the benefit of the community. It aims to reduce the burden on jails and promote reformative justice.

• Example: Petty theft, minor assault, small-level misbehaviour, or community-related crimes where imprisonment is not necessary.

Conclusion

The Bharatiya Nyaya Sanhita, 2023 retains most punishments from the Indian Penal Code but modernises the system by adding community service as a reformative option. Death, life imprisonment, rigorous and simple imprisonment, and fines continue to form the core punishment structure. By balancing deterrence and reform, the new law aims at a more effective and humane criminal justice system.