Section 7 Of BNS: Sentence May Be Wholly or Partly Rigorous or Simple
Section 7 of BNS is part of CHAPTER 2 OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It provides the judiciary with the authority to determine the nature of imprisonment for offenders sentenced to imprisonment of either description. This section empowers the court to specify whether the sentence shall be entirely rigorous, entirely simple, or a combination of both, allowing for a tailored approach to punishment based on the specifics of each case.
By introducing this flexibility, Section 7 aims to ensure that sentencing is not only just but also considers the circumstances surrounding the offence, thereby enhancing the efficacy of the criminal justice system. This provision reflects a commitment to proportionality in punishment, balancing the need for rehabilitation with the seriousness of the crime.
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 (Bharatiya Nyaya Sanhita, 2023)
Section 7 of the Bharatiya Nyaya Sanhita (BNS) 2024 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.
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 of BNS-07
BNS-07 empowers the Court to choose the type of imprisonment—rigorous, simple, or a combination—based on the offense and context.
- The Court can choose rigorous (hard labor), simple (no labor), or a mix of both
- Rigorous imprisonment involves hard labor, like working in prison industries
- Simple imprisonment requires no labor; it focuses on loss of freedom
- The Court may split the sentence, using both rigorous and simple imprisonment to reflect the severity of the crime
- Allows the Court to tailor punishment according to the offense and offender’s circumstances
- Enables a balance between punishment and rehabilitation, especially useful for first-time or minor offenders.
Differences Between Section 7 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 7 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 |
|---|---|---|---|
| 7 | Sentences may be (in certain cases of imprisonment) wholly or partly rigorous or simple. | 60 | No change. |
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FAQs about Section 7 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under Section 7 of BNS?
Section 7 of the Bharatiya Nyaya Sanhita (BNS) deals with the classification of imprisonment, provided that the sentence can be wholly rigorous, wholly simple or partly rigorous, partly simple.
To which chapter does Section 7 of the BNS belong in Bharatiya Nyay Sanhita 2023?
Section 7, BNS is contained within Chapter II titled ‘Punishments’ of the Bharatiya Nyaya Sanhita 2023 Act.
What is Section 7 of BNS?
Section 7 empowers the court to state in an imprisonment sentence if it should be altogether harsh, altogether lenient, or partly both.
What is Bharatiya Nyaya Sanhita 2024?
This act came into effect on 1 July, 2024 when it was enacted by the parliament in December 2023 to replace the Indian Penal Code (IPC). This bill aims to completely replace the entire Indian Penal Code and offer a new system for punishments and crimes enshrined in a new pattern
Is BNS bailable or non-bailable?
The criminal investigation begins with the commission of an offence which is liable to be punished under the Bharatiya Nyay Sanhita, 2023 (BNS) (earlier Indian Penal Code, 1860) or any other penal law. Cognizable crimes/ offences are generally non-bailable in nature while non-cognizable are generally bailable in nature.
Which is a new section of BNS?
The IPC covers murder, abetment of suicide, assault, and grievous hurt as offenses against the body. These provisions of the BNS2 have been retained with a new addition of some acts that are termed as organised crime and crime resulting in murder and grievous hurt by a group due to some specific reasons and terrorism.
Can a court impose a sentence that is partly rigorous and partly simple?
Yes, Section 7 allows for a sentence to be partly rigorous and partly simple.
