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Section 6 of BNS is part of Chapter 2 of Punishments in Bharatiya Nyaya Sanhita 2023 Act. It explains the most crucial topic related to calculation of fractions in terms of punishments. In the present section, it has made a basic principle that imprisonment for life has been declared to be equivalent to a sentence for twenty years unless otherwise prescribed. This provision makes an attempt to clarify sentencing guidelines so that judges and legal practitioners have a clear legal framework from which they may determine the terms of punishments while meeting the objectives of justice and rehabilitation. In the following section, we will consider implications for this provision in its broader context of legal proceeding in India.
In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided
Section 6 of the Bharatiya Nyaya Sanhita provides a crucial framework for understanding how sentences are calculated, particularly regarding life imprisonment. By equating imprisonment for life to a term of twenty years, this provision simplifies the process of calculating fractions of terms. This equivalence serves to standardise sentencing practices, allowing for clearer guidelines when judges determine the duration of punishment.
For example, consider a scenario where an individual is sentenced to life imprisonment for a serious offence. According to Section 6, this sentence can be interpreted as equivalent to twenty years. If the law allows for the calculation of fractions, for example, if the court determines that the offender may be eligible for parole after serving two-thirds of the sentence, they would need to serve approximately thirteen years and four months (two-thirds of twenty years) before becoming eligible.
This approach not only streamlines the judicial process but also reinforces the principles of proportionality and fairness in sentencing. By providing clear parameters, Section 6 enhances the effectiveness of legal proceedings and upholds the integrity of the justice system.
Disclaimer
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.
BNS Section 06 establishes a standard approach for calculating fractions of life imprisonment sentences, equating life imprisonment to a 20-year term for practical calculations.
Life imprisonment is treated as 20 years for calculating partial sentences, like parole or remission eligibility
Fraction Calculation Example:
For instance, one-third of a life sentence is calculated as approximately 6 years and 8 months.
Exceptions:
If another law defines a different duration for life imprisonment, that specific duration is used instead.
Key Terms:
This section outlines the key differences between Section 6 of the Bharatiya Nyaya Sanhita and its equivalent IPC Section 57, focusing on their distinct approaches .
BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
---|---|---|---|
6 | Fractions of terms of punishment. | 57 | Words ‘unless otherwise provided, are added |
Understanding the new Bharatiya Nyaya Sanhita laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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