Section 7 Of BNS: Sentence May Be Wholly or Partly Rigorous or Simple

Definition of BNS Section 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.

Explanation and Illustration of Section 7 of Bharatiya Nyaya Sanhita

Section 7 of the Bharatiya Nyaya Sanhita provides for imprisonment and empowers courts so that they may decide about the nature of the sentence to be awarded to an offender. There, it's also authorised that where a court sentences an offender for imprisonment it is authorised to declare that the imprisonment shall be purely rigorous, or purely simple, or partly rigour and partly simple. This flexibility is important in that it enables judges to fine-tune according to the circumstances of offence and also the profile of the offender.

For example in a case of non-violent crime, the term which the judge imposes for imprisonment for three years can be done a year rigorously in prison and two years simple. Therefore through this, the court attains striking balance on the factor of the sentence between punishment and rehabilitation. Whereas more heinous offences like robbery can lead to an absolutely harsh sentence by the court, Section 7 of the judiciary can ensure that a differential delivery of justice becomes possible because of the nature of offence as well as the potential for reform in the offender.

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