New Punishments and Fine under Bhartiya Nyaye Sanhita 2023 || chapter 2 of BNS

NOTES: thegolegal.com...
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CHAPTER II
OF PUNISHMENTS
4. 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.
5. 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.
6. In calculating fractions of terms of punishment, imprisonment for life shall be
reckoned as equivalent to imprisonment for twenty years unless otherwise provided.
7. In every case in which an offender is punishable with imprisonment which may be
of either description, it shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly rigorous, or that such
imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous
and the rest simple.
8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to
which the offender is liable is unlimited, but shall not be excessive.
(2) In every case of an offence--
(a) punishable with imprisonment as well as fine, in which the offender is
sentenced to a fine, whether with or without imprisonment;
(b) punishable with imprisonment or fine, or with fine only, in which the offender
is sentenced to a fine,
it shall be competent to the Court which sentences such offender to direct by the sentence
that, in default of payment of the fine, the offender shall suffer imprisonment for a certain
term, in which imprisonment shall be in excess of any other imprisonment to which he may
have been sentenced or to which he may be liable under a commutation of a sentence.
Punishments.
Commutation
of sentence.
Fractions of
terms of
punishment.
Sentence may
be (in certain
cases of
imprisonment)
wholly or
partly rigorous
or simple.
Amount of
fine, liability
in default of
payment of
fine, etc.

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