Section 7 of the Bharatiya Nyaya Sanhita

The “Bharatiya Nyaya Sanhita, 2023” includes a provision that addresses the discretionary power of the court when imposing sentences of imprisonment. In cases where an offender is liable to be punished with imprisonment of either description, the court that delivers the sentence possesses the authority to specify the nature of the imprisonment. The court can choose to make the entire term of imprisonment either “wholly rigorous” or “wholly simple,” or it can decide to designate a portion of the imprisonment as “rigorous” while the remainder is “simple.” This provision provides flexibility to the court in tailoring the nature of the imprisonment based on the circumstances of the case and the nature of the offence. This establishes a focused approach to the court’s discretion in determining the rigor of imprisonment, ensuring a more nuanced application of penalties in alignment with the nature of the crime and other relevant factors.