Bharatiya Nyaya Sanhita, 2023 - Chapter II: Of Punishments
Section 7 BNS: Sentence May Be Wholly or Partly Rigorous or Simple
Section 7 of the Bharatiya Nyaya Sanhita, 2023 ("BNS") gives the sentencing court a choice in cases where the offence is punishable with imprisonment "of either description". The court may order the term to be wholly rigorous, wholly simple, or divided so that one part is rigorous and the remainder simple.
Current legal position: The BNS came into force on 1 July 2024, except Section 106(2). Section 7 is in force and forms part of Chapter II, "Of Punishments".
Meaning of Section 7 BNS
Section 7 applies only where the provision prescribing punishment allows imprisonment of either description. In that situation, the sentencing court has statutory discretion to decide the character of the imprisonment within the limits of the punishment authorised for the offence.
Section 4 BNS identifies the two descriptions of imprisonment: rigorous imprisonment, meaning imprisonment with hard labour, and simple imprisonment. Section 7 explains how a court may use those two forms when the offence permits either description.
What does "imprisonment of either description" mean?
The expression refers to an offence provision that permits imprisonment to be either rigorous or simple. Section 7 does not convert every term of imprisonment into a choice between the two forms. The underlying offence must itself permit imprisonment of either description.
Interpretation point: The court's power under Section 7 is conditional. It arises where the punishment clause for the offence allows imprisonment of either description; the court must still remain within the maximum and other limits prescribed for that offence.
Court's sentencing options under Section 7
The provision therefore concerns the description of imprisonment, not the creation of a new punishment. The available punishments themselves are listed in Section 4 BNS.
Full text of Section 7 - Sentence may be wholly or partly rigorous or simple
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.