Section 4 of BNS: Punishments
Section 4 of BNS is part of CHAPTER 2 OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It describes the pattern for the different kinds of punishments which can be inflicted upon culprits under the Indian legal system. The section has indicated the scale, it being one that starts with capital punishment to other penal alternatives, such as community service and fines. The BNS clearly defines these consequences. It does all this in order to promote accountability, deterrents, and rehabilitation with fairness and proportion in the sentence.
Definition of BNS Section 4
The punishments to which offenders are liable under the provisions of this Sanhita are—
- Death
- Imprisonment for life
- Imprisonment, which is of two descriptions, namely
- Rigorous, that is, with hard labour
- Simple
- Forfeiture of property
- Fine
- Community Service
Explanation and Illustration of Section 4 (Bharatiya Nyaya Sanhita, 2023)
The Bharatiya Nyaya Sanhita, 2023, delineates the range of punishments applicable to offenders, highlighting a structured approach to justice. The provisions specify six types of penalties: death, imprisonment for life, two forms of imprisonment (rigorous and simple), forfeiture of property, fines, and community service. This comprehensive classification not only underscores the seriousness of certain offences but also introduces rehabilitative elements, such as community service, reflecting a more modern understanding of justice.
Assume A committed an offence of embezzlement whereby a substantial amount of money was embezzled from an employer. The quantum involved, the degree of the offence, and the intent in the act are taken into consideration.
Punishments Upon Findings:
Section 4 Prescribes one or more of the punishments set out under it
Imprisonment:
A may be given a term of rigorous imprisonment for an extant period, depending upon the seriousness of the offence
Fine:
In case recovery of a significant portion of the embezzled amounts, the court may impose an enormous amount as fine
Community Service:
While rehabilitation, A might be required to do a number of community service hours by working for the betterment of society.
This is how section four provides leniency in sentence giving room for the judiciary to make appropriate punishment according to the circumstances of each case yet still operate within the principles of the BNS.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in BNS-04
BNS-04 defines the types of punishments that can be imposed under this Act, ranging from severe penalties to corrective measures, depending on the nature and severity of the offence.
- Capital punishment, the most severe penalty, is reserved for the gravest offenses
- Life imprisonment requires the offender to spend their entire natural life in prison, without release unless legally allowed. Imprisonment includes two types:
- Rigorous imprisonment involves hard labour during the term
- Simple imprisonment confines the offender without any labour requirement
- Forfeiture of property involves confiscating the offender’s property, either partially or completely, based on the offense
- Fines are monetary penalties, with amounts varying according to the offense and circumstances
- Community service requires offenders to perform unpaid public work, serving as a corrective punishment
- This section provides varied punishments to address different offense levels, aiming to balance punishment and rehabilitation where possible.
Differences Between Section 4 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 4 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 4 | Punishments | 53 | Community service is added to punishments. The definition of community service is not given in BNS, but the explanation in Section 23 of the BNSS defines it as the work which the court may order a convert to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration |
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FAQs about Section 4 of the Bharatiya Nyaya Sanhita (BNS)
What offence does Section 4 of BNS cover?
What are the punishments mentioned in Section 4 of the Bharatiya Nyay Sanhita (BNS)? This section of BNS lists all the punishments applicable to criminals, with information regarding the legal penalties of several offences.
Which chapter of Bharatiya Nyaya Sanhita 2023 does Section 4 of BNS fall?
Section 4 of the BNS falls under Chapter II, which is titled ‘Punishments,’ within the Bharatiya Nyay Sanhita 2023 Act.
What types of punishments are found in Section 4 of BNS?
Section 4 posits how the different punishments can take varied forms: capital punishment, life imprisonment, severe and simple, deprivation of property or fine, and community service, developing a holistic approach for the judgments.
How is Section 4 ensuring proportionality of punishments?
Section 4 maintains that the quantum of punishment assigned to any offence must be proportional to the nature of offence committed, thereby upholding reasonableness and justice in the process of judicial procedure and also paying heed to the factors that intend or circumstances.
Section 4 of BNS prescribes what types of punishment?
There were 5 kinds of punishments under the Indian Penal Code, 1860. The same are extended to 6 types of punishments under BNS. Death Penalty or Capital Punishment, life imprisonment, imprisonment for a specific term, forfeiture of property and fine were the punishments under IPC.
What is Section 4 of Bharatiya Naya Sanhita?
Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.
Which offences are discussed in chapter 4 of BNS?
Abetment of offence punishable with imprisonment. Abetting commission of offence by the public or by more than ten persons. Concealing design to commit offence punishable with death or imprisonment for life.
