Section 4, Punishments, The Bharitya Nyaya Sanhita, 2023 (BNS)

Section 4. 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.

Comments

Section 4 of BNS, 2023 provides punishments in form of Death, Imprisonment, Forfeiture of Property and Community Service. The community service as form punishment is first time used in India.

Corresponding Section

Section 4 of BNS, 2023 corresponds with section 53 of IPC, 1860.

Landmark Case Law related to Punishments, Section 4, BNS

Bachan Singh v. State of Punjab, 1980, In this case, Supreme Court held that death sentence should not be passed except in ‘rarest of the rare case’.

Gopal Vinayak Godse v. State (1961), In this case, Supreme Court stated that life imprisonment means an imprisonment that continues till the life of the convict and is nothing less.

Md. Munna v. Union of India and Ors. (2005), In this case, Supreme Court held that imprisonment for life means rigorous imprisonment for life.

FAQs on Section 4: Punishments (BNS, 2023)

Q1. What types of punishments are listed under Section 4 of BNS, 2023?
A1. Section 4 specifies the following punishments:

• (a) Death
• (b) Imprisonment for life
• (c) Imprisonment (either rigorous, with hard labor, or simple)
• (d) Forfeiture of property
• (e) Fine
• (f) Community Service

---

Q2. What is unique about the punishments prescribed under Section 4 of BNS, 2023?
A2. The inclusion of Community Service as a form of punishment is a significant first for Indian criminal law, marking a shift towards restorative justice.

---

Q3. How does Section 4 of BNS, 2023 correspond to earlier laws?
A3. Section 4 of BNS, 2023 corresponds to Section 53 of the Indian Penal Code (IPC), 1860, which also lists various punishments but does not include community service.

---

Q4. What is the judicial interpretation of ‘death penalty’ as a punishment under Indian law?
A4. In Bachan Singh v. State of Punjab (1980), the Supreme Court ruled that the death penalty should only be awarded in the ‘rarest of the rare’ cases.

---

Q5. What does life imprisonment entail as per judicial interpretation?
A5. Life imprisonment means imprisonment for the convict’s entire natural life:

• Gopal Vinayak Godse v. State (1961): Life imprisonment is not subject to a fixed period but continues until the convict’s death.
• Md. Munna v. Union of India and Ors. (2005): Life imprisonment implies rigorous imprisonment for life unless stated otherwise.

---

Q6. What are the two types of imprisonment under Section 4?
A6. The two types of imprisonment are:

1. Rigorous imprisonment (with hard labor)
2. Simple imprisonment (without hard labor)

---

Q7. What is the purpose of forfeiture of property as a punishment?
A7. Forfeiture of property serves as a punitive measure to deprive offenders of the financial benefits gained from illegal activities or to deter criminal conduct.

---

Q8. Can community service replace traditional forms of punishment?
A8. Yes, community service may be used as an alternative or supplementary punishment, especially for non-violent offenses, aiming to rehabilitate offenders and benefit society.