This article is written by Shivam Patel (BALLB (Hons.), 4thyear, C.M.P. Degree College, Prayagraj)
Abstract
Under the law punishment is provided to cease the wrongdoer from committing the crime again. Punishment is a consequence or result of a wrong committed by a person the court has a power to reduce the quantum of punishment after considering various aspect of the case and the mitigation circumstances if any
In India the reformative theory is followed to provide punishment. The punishment awarded should neither we so hard not so easily that it for fail to serve the purpose of generating any impact on the offender and as an eye opener for other. It is considered that punishment should be of such a nature that it brings before in a person personality and thinking.
Punishment is a form of social control used by the state to maintain law and order and to deter individuals from engaging in lawful activities. Punishment is a legal process that is governed by laws and regulation and must a adhere to certain principals and guidelines to ensure fairness and justice.
Introduction
The Bharatiya Nyaya Sanhita (BNS) 2023 outlines six types of punishments, including death and community service, replacing the Indian Penal Code. Research suggests community service is a new addition, focusing on reformation, as detailed in recent analyses.
Punishments under the Bharatiya Nyaya Sanhita (BNS) 2023, effective from July 1, 2024, replaced the Indian Penal Code and introduced a modern framework for criminal justice in India. It includes six types of punishments, as outlined in Section 4 of the law, aiming to balance retribution with reformation.
Element of Punishment:
The elements of punishment under the BNS include the nature of the offence, the age and gender of the offender, the circumstances of the offences and the criminal record of the offender. These factors are taken into consideration when determining the appropriate punishment for an offence.
The nature of offence referred to the seriousness of the crime with more serious crime resulting in more severe punishment. The age and gender of the offender are also considered, with younger and female offender of receiving more lenient punishment. The circumstances of the offence, such as what weather it was committed in the heat of the moment are also considered. Finally, the criminal record of the offender is considered, with repeat offenders often receiving harsher punishments.
Constitutional Safeguards:
Indian constitution has provided with certain fundamental rights as safeguard to the people who commit a crime or accused of committing a crime. Article 20 of Indian constitution deal with this issue of unnecessary and undesirable actions by legislature, executive and other implementing authorities.
Ex Post Facto Law [Article 20(1)]
It establishes that no one should be convicted for any offence other than those violating the law in force at the time of the commission of the offence and one could not be penalized with a greater punishment than what existed at the time of the commission of the act.
Double jeopardy [Article 20(2)]
It means that no one should be convicted and punished more than one for the same oftens involving the same set of set of facts.
Protection from self-incrimination [Article 20(3)]
It provides that no one should be compelled to produce such evidence and information which could be used against him during trial under incompetent judicial tribunals.
Types of Punishments
The punishments under BNS 2023 are:
- Death
- Imprisonment for life
- Imprisonment (rigorous, involving hard labour like mining, or simple, without hard labour)
- Forfeiture of property, such as confiscating assets used in crimes
- Fine, often combined with imprisonment, with default imprisonment if unpaid
- Community service, a new addition, involving tasks like planting trees or cleaning public spaces, emphasizing reformation
Recent Developments
These punishments, highlighting community service as a significant reformative measure not present in the previous law. This addition reflects a shift towards justice that rehabilitates offenders, particularly for petty offenses. Additionally, the law has been applied in notable cases. For instance, in February 2025, a special court in Surat convicted two men to life imprisonment until death for gang rape, resolving the case in just 130 days. This case, reported on February 17, 2025, marks one of the first applications of BNS 2023, demonstrating its focus on swift justice.
Comprehensive Analysis on Punishments Under Bharatiya Nyaya Sanhita 2023
This section provides a detailed examination of the punishments under the Bharatiya Nyaya Sanhita (BNS) 2023, reflecting recent developments and legal applications as of June 23, 2025. The analysis aims to offer a thorough understanding for legal scholars, practitioners, and interested readers, incorporating both statutory provisions and real-world implementations. This reformative legislation introduces a modern criminal justice system, with Section 4 delineating the types of punishments.
Detailed List of Punishments
Section 4 of BNS 2023 expands the punishment framework from five to six types, as detailed in various legal analyses. This expansion, particularly the inclusion of community service, reflects a shift towards reformation. The punishments are:
| Punishment Type | Description |
| Death | Applied in rare cases, such as terrorism or brutal homicide, rarely executed in India. |
| Imprisonment for Life | Equated to 20 years under Section 6, unless specified as natural life, often used when death penalty is commuted, per the same article. |
| Imprisonment (Rigorous/Simple) | Rigorous involves hard labour (e.g., mining), simple does not; court discretion applies. |
| Forfeiture of Property | Involves confiscating property used in crime, e.g., Section 154 for depredation |
| Fine | Often combined with imprisonment, with default imprisonment if unpaid, amount discretionary or specified. |
| Community Service | A novel addition, for petty issues, includes tasks like planting trees, cleaning public places, assisting libraries/schools, empowering courts, as per Changes Brought Forth by BNS. |
Additional Statutory Details
Beyond the types, the law includes provisions for:
Commutation of Sentence: Section 5 allows reduction to lesser punishments, with authority varying by jurisdiction (Union or State), as per Punishments under BNS from December 17, 2024.
Fractions of Terms: Life imprisonment calculated as 20 years unless otherwise stated, under Section 6.
Solitary Confinement: Limited to 3 months total, with restrictions based on imprisonment duration, detailed in the same December 2024 article.
Enhanced Punishment for Repeat Offenders: Life imprisonment or up to 10 years for repeat offenders under specific chapters.
These details ensure a structured approach to sentencing, balancing severity with legal limits.
Comparative Analysis of BNS with IPC
The Indian Penal Code (IPC), enacted in 1860, has long served as the cornerstone of India’s criminal justice system, defining offenses and prescribing punishments across 511 sections. Its colonial framework, however, struggled to address modern challenges like cybercrime and organized crime, prompting the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the IPC on July 1, 2024. The BNS consolidates the IPC’s provisions into 358 sections across 20 chapters, streamlining the legal structure by grouping related offenses, such as crimes against women and children, for clarity and accessibility. Unlike the IPC, which lacked a centralized definition clause, BNS consolidates definitions in Section 2, incorporating modern terms like “transgender” and “child” (under 18), reflecting inclusivity and contemporary societal needs.
The BNS introduces community service as a reformative punishment under Section 4, absent in the IPC, applying it to minor offenses like defamation (Section 356 BNS vs. Section 499 IPC) and public drunkenness, emphasizing rehabilitation over incarceration. New offenses, such as organized crime (Section 109), petty organized crime (Section 110), and terrorism (Section 111), address gaps in the IPC, which relied on special laws like the Unlawful Activities (Prevention) Act for terrorism.
Penalties have been enhanced in the BNS; for instance, rape punishment under Section 64 (equivalent to IPC Section 376) increases from seven to ten years, and death by negligence (Section 5 BNS) rises from two to five years, signalling stronger deterrence. The BNS also aligns with Supreme Court rulings, omitting provisions like adultery (IPC Section 31) and unnatural offenses (IPC Section 55), previously struck down, while making offenses like voyeurism (Section 76) gender-neutral. Sedition, a controversial IPC provision, is replaced with a broader offense of “acts endangering sovereignty, unity, and integrity” (Section 150 BNS), raising concerns about vague terminology.
Critics argue the BNS’s vague definitions, such as for organized crime, risk arbitrary enforcement, while overlapping with state laws creates regulatory duplication. Overall, the BNS modernizes India’s criminal law by simplifying structure, enhancing penalties, and prioritizing justice over punishment, but its success hinges on precise implementation to avoid misuse and ensure fairness.
Landmark Cases related to Punishment:
Bachan Singh v. State of Punjab1 stands as a pivotal landmark in Indian criminal law, particularly in the domain of punishment, with a focus on the death penalty. This case, decided by a five-judge bench of the Supreme Court of India, has had a lasting impact on how punishment is conceptualized and applied, especially in the context of capital punishment.
The court ruled that the death penalty is constitutional but should only be used in the “rarest of rare” cases, where no other punishment like life imprisonment would suffice. This decision has shaped how Indian courts approach severe punishments, emphasizing fairness and rehabilitation.
Bhagirath vs Delhi Administration2 was decided on April 16, 1985, by a 5-judge Constitutional Bench of the Supreme Court of India. It addressed whether the period of detention as an under-trial prisoner can be set off against a life imprisonment sentence under Section 428 of the Code of Criminal Procedure (CrPC), 1973.
The court ruled that life imprisonment is indeed “imprisonment for a term,” allowing under-trial detention to be set off. This decision ensured fairness, emphasizing equitable considerations in criminal law, and influenced how life convicts are treated regarding premature release.
Gopal Vinayak Godse vs State of Maharashtra3, convicted for his role in Mahatma Gandhi’s assassination, challenging his life imprisonment sentence.
He argued that with earned remissions, his sentence was served, but the Supreme Court ruled that life imprisonment lasts for the convict’s entire remaining life, unless altered by government action.
The court held that life imprisonment is not a fixed term, requiring the convict to serve their natural life unless the sentence is commuted or remitted. This decision set a precedent for interpreting life sentences in Indian law.
This case is crucial for understanding how life imprisonment is treated, ensuring it aligns with legal principles of punishment and potential executive clemency.
Conclusion
In synthesizing the information, punishment aims to maintain social order and deter crime through various methods, but its effectiveness and morality are subjects of ongoing debate. Historical evolution shows a shift toward state-controlled, proportionate measures, while modern theories like retribution and utilitarianism offer competing justifications. Contemporary discussions, especially on X, highlight the controversy, with critics arguing it fosters resentment and fails to promote ethical growth, and supporters advocating for severe measures like capital punishment.
Bibliography
- https://blog.ipleaders.in/punishment-under-ipc-all-you-need-to-know-about-it/
- https://articles.manupatra.com/article-details/Punishments-under-Indian-Criminal-Law-Current-Scenario
- https://lawctopus.com/clatalogue/clat-pg/ipc-notes-types-of-punishment/
- https://www.casemine.com/search/in/Bacchan%20Singh%20v(DOT)%20State%20Of%20Punjab
