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Punishment Under Indian Legal System: Five Kinds of Punishments

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Punishment Under Indian Legal System: Five Kinds of Punishments

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thangapandivini
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PUNISHMENT UNDER INDIAN LEGAL SYSTEM

INTRODUCTION

Section 53 to 75 of the Indian Penal Code 1860 deals with


the scheme of Punishment. Section 53 of the Indian Penal Code
prescribes five kinds of punishments.

PUNISHMENT MEANING:

Punishment is a process by which the state inflicts some pain to


the persons or property of person who is found guilty of Crime. In
other words punishment is sanction imposed on an accused for
the infringement of the established rules.

OBJECT
The Object of Punishment is to protect society from mischievous
and undesirable elements by deterring potential offenders, by
preventing the actual offenders from committing further offences
and by reforming and turning them into law abiding citizens.

PUNISHMENTS UNDER THE INDIAN PENAL CODE

Section 53 of the Indian Penal Code prescribes five kinds of


punishments are as follows:
Punishment Under IPC
Imprisonment
Simple

Rigourous

Death

Imprisonment For Life

Forfeiture Of Property

Fine

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.

DEATH

Death Penalty or capital Punishment is the most serious nature of


punishment. Some countries abolished it. A death sentence may
be awarded under the Indian Penal Code in the following cases –

i. Waging, or attempting to wage war, or abetting waging of


war, against the Government of India.(Section. 121)
ii. Abatement of mutiny, if mutiny is committed. (Section
132)
iii. Giving or fabricating false evidence upon which an innocent
person suffers death (Section. 194)
iv. Murder (Section 302)
v. Abetment of suicide of a minor, or insane or intoxicated
person (Section 305)
vi. Attempt to Murder by a person under sentence of
imprisonment for life, if hurt is caused (Section 307).
vii. Kidnapping for ransom etc. (Section 364A)
viii. Dacoity with murder (Section 369)

IMPRISONMENT FOR LIFE

Life Imprisonment means a sentence of imprisonment running


throughout the remaining period of a convict's natural life (till
death). But in practice it is not so.
According to Section 55 of Indian Penal Code, in every case in
which sentence of imprisonment for life shall have been passed,
the appropriate Government may, without the consent of the
offender, commute the punishment for imprisonment of either
description for a term not exceeding fourteen years. Section 57
states that in calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to
imprisonment for twenty years.
K.M. Nanavati v. State of Maharashtra, (AIR 1962 SC 605)
In this case supreme court held that imprisonment for life means
rigorous imprisonment for life and not simple Imprisonment

IMPRISONMENT- RIGOROUS AND SIMPLE:

RIGOROUS IMPRISONMENT

Imprisonment may be rigorous with hard labour. such as digging


earth, cutting wood etc.

According to Section 60 of I.P.C 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.

The Indian Penal Code prescribes imprisonment as punishment for


–

(1) Giving or fabricating false evidence with intent to


procure conviction of capital offence (Section 194)

(2) House-trespass in order to commit offence punishable


with death (Section 449)

SIMPLE IMPRISONMENT:

Simple imprisonment is imposed for small offences like wrongful


restraint, defamation etc. In case of simple imprisonment, the
convict will not be forced to do any hard manual labour. There are
some offences which are punishable with simple imprisonment
are as follows:

i. Refusing to take oath (Section 178)


ii. Defamation (Section 500)
iii. Wrongful restraint
iv. Misconduct by a drunken person, etc (Section 510)

SOLITARY CONFINEMENT

Solitary Confinement means keeping a prisoner thoroughly


isolated from any kind of contact with the outside. A harsh and
hardened convict may be confined in a separate cell to correct his
conduct. Court can award this punishment only when the offence
is punishable with rigorous imprisonment. Solitary confinement
may be imposed subject to the following restriction:

a) Solitary confinement should not exceed three months


of the Substantive term of imprisonment
b) It cannot be awarded where imprisonment is not part
of the substantive sentence.
c) It cannot be awarded for the whole of term of
imprisonment
d) It cannot also be awarded where imprisonment is in
lieu of fine.
According to Section 74 of I.P.C in no case the sentence of
solitary confinement be awarded more than fourteen days at a
time. and it must be imposed at intervals.

FORFEITURE OF PROPERTY

Forfeiture of property means taking away the property of the


criminal by the State. Forfeiture of property is now abolished
except in the case of following offences:

1. Committing depredation on territories of Power at


peace with the Government of India(Section 126).
2. Receiving property taken by war or depredation
mentioned in sections 125 and 126 (Section 127).

FINE

The Courts may impose fine as sole imprisonment or alternative


or it may be imposed in addition to the imprisonment. The Indian
Penal Code , 1860 prescribes fine along with imprisonment in
respect of certain offences. In default of fine, imprisonment may
be imposed.

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