Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Types of Punishments under BNS (Ss.4 and 5 BNS)
Bharatiya Nyaya Sanhita, 2023 (BNS) is the principal criminal law statute in India that defines offences and prescribes punishments. Section 4 of the BNS is a foundational provision because it enumerates the kinds of punishments that courts may impose upon conviction. Rather than prescribing penalties for specific offences, this section lays down the general categories of punishments, forming the basis of the Indian penal system.
The objective behind Section 4 BNS is to ensure that punishment is legally structured, proportionate, and imposed according to established principles of criminal justice. It reflects the fundamental aims of punishment—deterrence, incapacitation, retribution, reformation, rehabilitation, and protection of society.
Types of Punishments under BNS:
Chapter II of the Bharatiya Nyaya Sanhita, 2023 defines different punishments for various offences. Section 4 BNS enumerates the different punishments which the courts may award to a person convicted for a crime. These are death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property and fine.
S. 4 BNS:
Punishments:
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;
(e) Fine;
(f) Community Service.
Brief Explanation of Different Types of Punishments under BNS:
Death sentence:
A death sentence also known as capital punishment means that the convicted person is ordered to be executed by the State according to the procedure established by law. In India, execution is generally carried out by hanging.
The constitutional validity of the death penalty was upheld by the Supreme Court of India in Bachan Singh v. State of Punjab. The Court held that the death penalty should be awarded only in the “rarest of rare cases” where life imprisonment is inadequate.
- The Death sentence may be awarded for offences under sections 71, 103(1), 107, 109(2), 140(2), 147, 160, 230, 310(3) BNS. In addition to the above, the death penalty can also be imposed under Ss. 3(5), 49, and 61(2) of BNS.
- The court is not bound to award a death sentence in the above cases, but it may do so. S. 104 BNS is the only section by which the award of the death sentence is compulsory.
Imprisonment for life:
Imprisonment for life means imprisonment for the remainder of the convict’s natural life, unless properly remitted or commuted by the appropriate government. It does not automatically mean 14 years. The misconception arises because remission is often considered after 14 years, but legally, life imprisonment lasts till the end of life. Imprisonment for life is always rigorous, never simple.
In Gopal Vinayak Godse v. State of Maharashtra case, the Supreme Court of India held that life imprisonment means imprisonment for the whole of the remaining natural life of the convicted person unless remitted by the competent authority.
- Imprisonment for life may be awarded under sections 62, 64(1), 89, 90, 103(1), 105, 107, 109, 118(2), 119(2), 140(1), 140(2), 145, 147, 148, 149, 153, 156, 158, 159, 160, 178, 230, 231, 232, 260, 263, 308(6), 308(7), 309(6), 310(2), 310(3), 310(6), 316(5), 317(3), 326(d), 326(g), 327(1), 331(8), 332(a), 338, 341(1), 339, 342(1), and 343 of BNS.
Imprisonment:
- There are two kinds of imprisonment under this section rigorous, that is, with hard labour (during the tenure of his imprisonment one has to do hard labour), and simple (only imprisonment and without any hard labour).
- Offences under sections 230 and 332(a) of the Sanhita are punishable with rigorous imprisonment only without any alternative of simple imprisonment being imposed.
- An offender is punishable with simple imprisonment for committing an offence under any of the sections 79, 202, 203, 206, 207, 208, 210, 211, 213, 214, 215,222, 223, 261, 264, 267, 293, 126(2), 355, 356(2), 356(3), and 356(4) of the BNS.
- There are a few sections in the BNS, like sections 80, 311 and 312, wherein minimum mandatory imprisonment of seven years have been provided. In section 64 also a minimum mandatory of imprisonment of seven years for ordinary rape and ten years for custodial rape as well as gang rape has been provided. However, in this Section, the Court has been empowered to impose less than the minimum mandatory imprisonment also by stating special reasons for the same in the judgment.
- The minimum duration of imprisonment provided for an offence under the Sanhit is imprisonment for twenty-four hours under section 355 of the Sanhita. However, sentences of imprisonment till rising of the Court have been imposed in very exceptional cases and they mean that the convict shall remain confined in the premises of the Court till the Court rises.
Forfeiture of property:
Forfeiture refers to the loss of property without compensation as a consequence of conviction. The property forfeited may include movable or immovable assets connected with the offence. It is considered a secondary form of punishment and is rarely used compared to imprisonment or fine.
- The Indian Penal Code provides the punishment of forfeiture of specific property for offences under sections 154, 155, 203 and 186 of the BNS.
- The Rajasthan High Court has held in Brijlal v. State, that confiscation of a weapon of offence is not forfeiture of property within the meaning of section 53 of the Code (S. 4 BNS).
Fine:
Punishments in the form of imprisonment or fine or both have been provided under many sections of the Code and the Courts have been empowered to award whatever sentence they deem fit out of the above. It is at the discretion of the Court to decide as to whether either imprisonment or fine or both are to be awarded in a particular case. While imposing fine the Courts have kept in mind many important factors including the nature of the offence committed, capacity of the offender to pay and usefulness of the imposition of fine.
- Fine is the only punishment provided under the Indian Penal Code in the following sections: 193(2), 193(3), 175, 193(1), 297, 165, 176, 177, 280, 186, 285, and 292.
Community Service:
Community service is a punishment where the offender is ordered by the court to perform unpaid work for the benefit of the community instead of undergoing imprisonment or paying a fine. It is generally imposed for minor offences and aims at reform rather than harsh punishment.
It encourages rehabilitation of offenders and reduces overcrowding in prisons. It also provides benefit to society and promotes accountability and social responsibility
Commutation of Sentence:
Under the Bharatiya Nyaya Sanhita (BNS), commutation of punishment means reducing a sentence to a lesser form of punishment without changing the conviction.
Section 5 BNS:
Commutation of Sentence:
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.
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.
Who has the Power to Commute?
The power to commute sentences is exercised by:
- Appropriate Government (Central or State Government)
- Under statutory powers provided in BNS
- Also supported by constitutional powers under:
- Article 72 (President of India)
- Article 161 (Governor of State)
Characteristics of Commutation:
Its main characteristics are:
- In commutation, a more severe punishment is replaced with a lesser one.
- The conviction remains intact i.e. it does not absolve the offender.
- The power of commutation is exercised by the Central or State Government, depending on the case. It is an executive (not judicial) power.
- It is not a right of the convict.
- No consent of the offender is required for commutation.
- It depends on government discretion, public interest, and case circumstances.
- It may be granted considering age, health condition, reformative approach and public policy considerations.
- It is different from:
- Pardon (complete removal of punishment)
- Remission (reduction of duration)
- Respite (lesser sentence due to special circumstances)
- Reprieve (temporary stay of execution)
- The punishment may be reduced as follows:
- Death → Life imprisonment
- Life imprisonment → Term imprisonment (up to 14 years)
- Rigorous imprisonment → Simple imprisonment
- Simple imprisonment → Fine
Conclusion:
Section 4 of the Bharatiya Nyaya Sanhita, 2023 (BNS) lays down the foundation of the punishment system in Indian criminal law. By classifying punishments into death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, and fine, the provision ensures a structured and graded approach to sentencing based on the gravity of offences.
The section reflects the essential objectives of criminal justice—deterrence, retribution, reformation, and protection of society. While severe punishments address heinous crimes, lesser penalties provide scope for correction and rehabilitation of offenders. Thus, Section 4 serves as the backbone of sentencing under the BNS, promoting proportionality, fairness, and consistency in the administration of criminal justice.
For More Articles on the Bharatiya Nyaya Sanhita, 2023 Click Here