BNS Section 6 - Fractions Of Terms Of Punishment

BNS Section 6 is the general section regarding fractions of punishment terms especially in case of life imprisonment. The section lays down a standard for how life imprisonment would be brought under the consideration of portions of the sentence. The provision further clarifies that, unless expressly stated otherwise, the life sentence is treated as equal to a 20-year term of imprisonment. Importantly, this provision would bring weight, uniformity, and clarity to computations of a sentence, particularly in the event of fractional imprisonments. BNS Section 6 is equivalent of Section 57 of the Indian Penal Code (IPC), albeit with a much-updated content and application.

Legal Provision

Section 6 of the BNS ‘Fractions Of Terms Of Punishment’ states:

In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided.

Simplified Explanation

Simply put, BNS Section 6 observes how one infers life imprisonment into the nature of calculating some parts of a punishment. Consider a situation where the court is called upon to ascertain the length of time served or the balance of a certain sentence. This section aids in that function.

The main features are:

• Life Imprisonment For 20 Years: The underlying principle is that for calculating the parts of a punishment, life imprisonment is taken as equivalent to 20 years.
• Unless the law or court order in question states otherwise: This means that there might possibly be laws or orders that indicate differently. In that case, the particular law or order will take precedence over this general proposition.
• Calculating Fractions: This section comes into action whenever one has to calculate portions of a sentence, such as discussions of parole eligibility, remission, etc.

Key Details

Practical Examples Illustrating BNS Section 6

• Parole Eligibility: A life-imprisoned person may become eligible for parole following the serving of a prescribed duration of his or her sentenced term of imprisonment. BNS Section 6 holds that the life sentence is to be treated for the purposes of that calculation as one of 20 years.
• Remission Calculation: The authorities shall upon remission of sentence by virtue of good conduct use the 20-year equation in calculating reduced sentences.
• Multiple Sentences: A life-imprisoned person, who is also under another imprisonment sentence, has the relevant provisions of BNS Section 6 to determine anything in regard to the total time served.

Key Improvements & Changes: IPC Section 57 to BNS Section 6

• BNS Section 6 is written concisely and clearly, while IPC Section 57 also provides for the computation of terms of punishment for fractions of its terms.
• There is a sufficient correspondence of meaning, while the new code professes to bring clarity in its expression.
• The BNS wants to simplify and modernize the whole criminal law framework.

Conclusion

Section 6 of the BNS is one of the key clauses that provides a standardized method of determining fractions of punishment, especially in cases of life imprisonment. By defining this provision as equivalent to 20 years, it invokes uniformity and clarity in their calculation and proceedings. It essentially would help with the matters of fairness and transparency to the administration of the criminal justice system.

FAQs

A few FAQs based on Section 6 of the BNS are:

Q1. Why was IPC Section 57 revised and replaced with BNS Section 6?

The revision aimed to modernize and streamline the criminal law framework, ensuring clarity and consistency in sentencing calculations.

Q2. What are the main differences between IPC Section 57 and BNS Section 6?

The core principle remains the same. BNS Section 6 is presented with slightly updated language, and is better integrated into the new BNS structure.

Q3. Is BNS Section 6 a bailable or non-bailable offense?

BNS Section 6 does not define an offense. It provides a rule for calculating fractions of punishment. Therefore, it is not applicable to either bailable or non-bailable offenses.

Q4. What is the punishment for offense under BNS Section 6?

BNS Section 6 does not define any offenses or their punishments. It is a rule for calculating punishment terms.

Q5. What is the fine imposed under BNS Section 6?

BNS Section 6 does not impose any fines. It is solely concerned with calculating fractions of imprisonment terms.

Q6. Is the offense under BNS Section 6 cognizable or non-cognizable?

BNS Section 6 does not define an offense. Therefore, it is neither cognizable nor non-cognizable.

Q7. What is the BNS Section 6 equivalent of IPC Section?

BNS Section 6 is the equivalent of IPC Section 57, which also dealt with the calculation of fractions of terms of punishment.