Bharatiya Nyaya Sanhita, 2023 - Chapter II: Of Punishments
Section 6 BNS: Fractions of Terms of Punishment
Section 6 of the Bharatiya Nyaya Sanhita, 2023 ("BNS") provides a specific rule for calculating fractions of terms of punishment. For that limited calculation, imprisonment for life is reckoned as imprisonment for twenty years, unless another provision states otherwise.
Current legal position: The BNS came into force on 1 July 2024, except Section 106(2). Section 6 is in force and forms part of Chapter II, "Of Punishments".
Meaning of Section 6 BNS
Section 6 is a calculation rule. Where another provision requires a fraction of a term of punishment to be worked out, life imprisonment is treated as equivalent to twenty years for that calculation, unless the relevant provision itself provides a different rule.
The words "unless otherwise provided" are important. They preserve any specific statutory provision that expressly assigns a different meaning or consequence.
Why life imprisonment is reckoned as twenty years
A life sentence does not naturally have a fixed numerical term from which a fraction can always be calculated. Section 6 supplies a statutory reference figure of twenty years for the limited purpose of calculating fractions of terms of punishment under the BNS.
Does Section 6 mean life imprisonment is only twenty years?
No. The wording of Section 6 is expressly confined to "calculating fractions of terms of punishment". It does not state that every sentence of imprisonment for life automatically expires after twenty years.
Questions concerning the actual duration, remission, suspension or commutation of a life sentence are governed by the applicable sentencing and procedural provisions and cannot be determined merely from the twenty-year calculation rule in Section 6.
Interpretation point: The twenty-year figure in Section 6 is a statutory computational device for fractional calculations. It should not be treated as a universal release date for a person sentenced to imprisonment for life.
Full text of Section 6 - Fractions of terms of punishment
6. In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided.