In the “Bharatiya Nyaya Sanhita, 2023,” the range of punishments to which offenders are subject is comprehensively outlined in Section 4. These penalties include death, imprisonment for life, which explicitly signifies incarceration for the entirety of a person’s natural life, and imprisonment classified into two distinct categories: rigorous imprisonment, involving hard labor, and simple imprisonment. Additionally, the Sanhita prescribes the forfeiture of property, the imposition of fines, and the option of community service as forms of punitive measures for various offences. This array of penalties reflects a nuanced approach, taking into consideration the nature of the offense and the need for proportional responses to criminal behavior.
Comparatively, Section 53 of the Indian Penal Code elaborates on the manner in which different terms of imprisonment are to be calculated. The section specifies that terms of imprisonment include both rigorous and simple imprisonment, along with guidelines for calculating the duration of each type. While the “Bharatiya Nyaya Sanhita” also incorporates this classification of imprisonment, it introduces a more comprehensive range of punishments, such as the forfeiture of property, fines, and community service, beyond what is covered by Section 53 of the Indian Penal Code.
The “Bharatiya Nyaya Sanhita, 2023,” presents a more expansive repertoire of punishments, addressing a wider spectrum of societal and legal considerations.
| Provision | Bharatiya Nyaya Sanhita | Indian Penal Code (Section 53) |
|---|---|---|
| Punishments | ||
| (a) Death | Death penalty is a potential punishment for certain offences. | Death penalty may be awarded for certain serious offences. |
| (b) Imprisonment for life | Imprisonment for the remainder of a person’s natural life. | Imprisonment for life, which may mean imprisonment for life or until released by appropriate authority. |
| (c) Imprisonment | ||
| (1) Rigorous | Imprisonment with hard labor. | Rigorous imprisonment with hard labor. |
| (2) Simple | Simple imprisonment. | Simple imprisonment. |
| (d) Forfeiture of property | Forfeiture of property as a penalty. | Not explicitly covered in Section 53. |
| (e) Fine | Monetary penalty imposed on the offender. | Imposition of fines as a punishment. |
| (f) Community Service | Option for community service as a penalty. | Not explicitly covered in Section 53. |
The Sanhita introduces additional penalties such as forfeiture of property and community service, reflecting a more diverse and modern approach to addressing criminal conduct. On the other hand, Section 53 of the Indian Penal Code mainly focuses on the classification and calculation of terms of imprisonment.