Bharatiya Nyaya Sanhita, 2023 - Chapter II: Of Punishments

Section 4 BNS: Punishments

Section 4 of the Bharatiya Nyaya Sanhita, 2023 ("BNS") lists the forms of punishment that may be imposed on offenders under the Sanhita. These are death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property, fine and community service.

Current legal position: The BNS came into force on 1 July 2024, except Section 106(2). Section 4 is in force and forms the opening provision of Chapter II, "Of Punishments".

Meaning of Section 4 BNS

Section 4 does not itself prescribe the sentence for every offence. Instead, it identifies the legally recognised categories of punishment available under the BNS. The punishment for a particular offence must be determined from the specific offence provision and any other applicable sentencing provision.

A significant feature of the BNS is the express inclusion of community service as a punishment. The remaining categories listed in Section 4 include death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property and fine.

Types of punishment under Section 4

Death - Section 4(a) Death is one of the punishments recognised by the BNS where a specific offence provision authorises that sentence.

Imprisonment for life - Section 4(b) Life imprisonment is a recognised punishment under the Sanhita and may be imposed where the relevant offence provision permits it.

Rigorous imprisonment - Section 4(c)(1) Rigorous imprisonment is imprisonment with hard labour.

Simple imprisonment - Section 4(c)(2) Simple imprisonment is the second form of imprisonment recognised by Section 4(c).

Forfeiture of property - Section 4(d) Forfeiture of property is included among the forms of punishment available under the BNS where authorised by law.

Fine - Section 4(e) A fine may be imposed where the applicable BNS provision authorises monetary punishment, subject to the provisions governing fines and default.

Community service - Section 4(f) Community service is expressly recognised as a punishment under the BNS and may be ordered in cases where the law provides for it.

What does community service mean?

The Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") defines community service for sentencing purposes as work which a court may order a convict to perform as punishment for the benefit of the community, without remuneration to the convict.

Practical point: Section 4 BNS identifies community service as a recognised punishment. Whether it can be imposed in a particular case depends on the applicable offence and sentencing provisions. The court must therefore read Section 4 together with the provision prescribing punishment for the offence and the relevant procedural sentencing provisions of the BNSS.

Full text of Section 4 - 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.

(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.

(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.

(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.

(1) Rigorous, that is, with hard labour; (2) Simple; (d) Forfeiture of property; (e) Fine; (f) Community Service.

(2) Simple; (d) Forfeiture of property; (e) Fine; (f) Community Service.

(d) Forfeiture of property; (e) Fine; (f) Community Service.

(e) Fine; (f) Community Service.

(f) Community Service.