In determining the nature and extent of punishment, practical considerations and issues like overcrowding in prisons have been kept in mind. The provisions in BNS regarding punishment are based on recent research studies, policy recommendations by various committees and commissions, the judicial decisions, etc.
- Under the BNS, some offences have punishment in which the sentence is imprisonment for life, which shall mean, the remainder of that person’s natural life. This has been done in order to remove any ambiguity regarding interpretation of imprisonment for life and providing this punishment to persons convicted of heinous crimes.
- Most of these heinous crimes relate to rape17, gangrape (Clause 70), inflicting injury leading to death or persistent vegetative state due to offence of rape (Clause 66), repeat sex offenders (Clause 71), murder by life convict (Clause 104), attempt to murder by life convict (Clause 109/2), maiming a child for purposes of begging (Clause 139/2), persons convicted of the offence of trafficking a child on more than one occasion and public servant involved
in trafficking of any person (Clause 143). As is evident, these crimes are targeted against the vulnerable sections of the society (child, women) and are perpetrated by those responsible in positions of authority or those who have been previously convicted of such offences.
Fines - There are multiple offences in the IPC wherein the amount of fine is prescribed as well as where the imposition of fine is the sole punishment for the said offence by the Court. The amount of fine in the IPC ranges from ten Rupees to a maximum of a thousand Rupees.
- The inadequacy of fine amounts and corresponding offences was highlighted in depth by the Malimath Committee Report18 and 156th LCR, owing to which the Committee had made a recommendation to fix minimum amount of fine wherever absent. In fact, the reports found that non-revision of the amount of fine has made the crime a low risk and high return venture. The retributive goals of a penal statue would imply that the fine amount must be adequately
- matched to the potential benefit an offender otherwise receives by committing the offence. This measure is to avoid the imposition of extremely disproportionate fine amounts.
- As on 31st December, 2018, nearly 1085 convicts were in jail due to non- payment of fine. Imprisonment in default of fines, while being a penalty, is generally prescribed as a sentence leading to harsh consequences. This was recognized especially by the Justice Malimath Committee Report which found that higher amounts of fine may be harsh in some cases of genuine incapacity to pay19. The need for a solution to this practice was also penned by the Supreme Court in the case of Shahejad Khan Mahebub Khan Pathan v. State of Gujarat.20
Increasing Punishment - In order to deter criminals and anti-social elements, the BNS has increased punishment of offences in some categories. The punishment for the complete natural life in life imprisonment has been prescribed for heinous offences like sexual assault, grievous assault or trafficking of minors, etc.
- In BNS, for 33 offences the punishment of imprisonment has been increased. Similarly, in 83 offences, the punishment of fine has been
Restricted
increased. The relevant details have been mentioned as Annexure I and II respectively. - 19Ministry of Home Affairs, Committee on Reform of Criminal Justice System, (2002
