Introduction

The Indian Penal Code of 1860 had 5 types of punishments, which have now increased to 6 under BNS. These include the death penalty, life imprisonment, fixed-term imprisonment, property forfeiture, and fines. The new addition is community service for certain offenses, as stated in the Sanhita.
Section 4 of BNS outlines the punishments that differ from those in the Indian Penal Code, 1860. Here are the types of punishments in BNS explained simply.

1.Death

The death penalty, or capital punishment, is when a person is sentenced to death for a serious crime. It is a government-approved execution. In India, the most serious crimes, like murder and terrorism, can lead to this punishment. Although many groups oppose the death penalty, the Indian government has kept it in place even when updating laws. Courts may impose the death penalty in very rare cases, but it is not often carried out in India.

2.Life imprisonment

After the death penalty, life imprisonment is the next most severe punishment under BNS. Many people mistakenly believe that life imprisonment means being in prison until death. However, this is not entirely accurate. According to Section 6 of BNS, life imprisonment is generally considered equivalent to twenty years unless stated otherwise. This indicates that ‘life’ often means 20 years. In very rare cases, courts have sentenced individuals to life imprisonment with the condition that they remain in prison for their entire life. Additionally, there have been instances where the death penalty was changed to life imprisonment, requiring the convict to serve life in prison.

3.Imprisonment

Imprisonment is the most common punishment under BNS. It is given for a set period, usually within a specified range. For instance, hiring a child to commit a crime (Section 95 of BNS) can lead to imprisonment for at least three years, up to a maximum of ten years. There are two types of imprisonment as punishment.
     1. Rigorous imprisonment

It refers to being locked up with hard work. This means the prisoner will stay in jail for a set time and also perform jobs like mining, building, or making furniture and clothes.
     2.Simple imprisonment
Simple imprisonment means serving time in jail for the length of the sentence.
The Bharatiya Nyaya Sanhita states that the Court decides if a person gets rigorous or simple imprisonment.

4.Forfeiture of property

Forfeiture generally refers to losing something as a penalty for wrongdoing, often involving the property used in the offense. Under BNS, one type of punishment is property forfeiture. For instance, Section 154 states that if someone commits depredation on foreign territories at peace with India, they will face forfeiture of the property involved.

5.Fine

Fines are the most common punishment under BNS, and they can be combined with imprisonment as stated in the law. Some offenses have set fine amounts, while for others, the Court decides the fine. Additionally, Court rulings often include a prison term for those who do not pay the fine.

6.Community service

Although the Indian Penal Code of 1860 did not mention the idea, Indian Courts were the first to use community service as a punishment. Later, new criminal laws introduced by the Government included community service as a punishment option under BNS. Examples of community service include planting trees, maintaining libraries, and cleaning parks. The Court decides what type of community service to impose for a specific offense, as this is not detailed in the Bharatiya Nyaya Sanhita, 2023.

Reference

1.https://lawgicalshots.com/explore-the-kinds-of-punishments-under-bns/

2.https://devgan.in/bns/chapter_02.php

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