BNS Section 7 - Sentences Wholly Or Partly Rigorous Or Simple

Section 7 of the Bharatiya Nyaya Sanhita (BNS) examines imprisonment concerning court competence to classify a sentence as rigorous, simple, or a given combination. Section 7 authorizes the sentencing court to determine the mode of punishment according to the situation of the crime and the offender. It clarifies that when a law allows for "imprisonment of either description", the court has discretion to decide what kind. Though the language has been modernized and clarified, it is equivalent to Section 60 of the Indian Penal Code (IPC).

Legal Provision

Section 7 of the BNS ‘Sentences Wholly Or Partly Rigorous Or Simple’ states:

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.

Simplified Explanation Of BNS Section 7

BNS Section 7 is all about how an authority in a court specifies the types of imprisonment to be awarded to a convict. When a statute provides for the imprisonment of a person, it does not specify whether it is to be rigorous or simple. The section empowers the courts to prescribe punishment as follows:

• Rigorous Imprisonment: Imprisonment under hard labor, such as manual labor.
• Simple Imprisonment: Imprisonment without hard labor.
• Combination: It can make part of the term rigorous and part simple.

The court decodes punishment on the basis of the nature of crime, the criminal profile, and other related factors. This section ensures that the patterns of punishment correspond to the crime and the individual.

Key Details Of BNS Section 7

Practical Examples Illustrating BNS Section 7

The practical illustrations are:

Theft

A person is found guilty of theft, the punishment therefor being imprisonment of either description. The court may, in its discretion depending upon the nature of the case, impose rigorous imprisonment owing to the graphic premeditation of the crime.

Minor Assault

Now, a person being convicted of minor assault, the punishment allowed by law in this instance may either be imprisonment of description. Since it is lighter in degree, the court may impose simple imprisonment.

Key Improvements & Changes: IPC Section 60 to BNS Section 7

• While IPC Section 60 conveyed the same principle, BNS Section 7 provides a more modernized and clear articulation of the court's discretionary power.
• The wording is updated to align with contemporary legal language, enhancing clarity and accessibility.
• The intent of both sections remains consistent: to allow courts to tailor imprisonment sentences appropriately.

Conclusion

The BNS Section 7 is an essential provision for flexible sentencing since it gives courts discretion over the kind of imprisonment a convict will receive, thus ensuring that sentences are just and proportionate. It also allows for strict, simple, or combined imprisonment, hence striking the balance for clearness in punishment with regard to the circumstances of each case and suitable sentences.

FAQs

A few FAQs based on Section 7 of BNS are:

Q1- Why was IPC Section 60 revised and replaced with BNS Section 7?

The revision aimed to modernize the language and structure of the Indian Penal Code, ensuring clarity and consistency in the new Bharatiya Nyaya Sanhita.

Q2 - What are the main differences between IPC Section 60 and BNS Section 7?

The core principle remains the same. The primary difference is in the updated language, making it more accessible and easier to understand.

Q3 - Is BNS Section 7 a bailable or non-bailable offense?

BNS Section 7 does not define an offense itself. It describes the court's power to determine the nature of imprisonment. Therefore, it is neither bailable nor non-bailable. The bailable or non-bailable nature of an offense is determined by other sections of the BNS.

Q4 - What is the punishment for offense under BNS Section 7?

BNS Section 7 does not prescribe punishment for any specific offense. It outlines the court's authority to specify the type of imprisonment. The punishment for a particular offense is defined in the relevant sections of the BNS.

Q5 - What is the fine imposed under BNS Section 7?

BNS Section 7 does not impose any fines. It solely deals with the nature of imprisonment.

Q6 - Is the offense under BNS Section 7 cognizable or non-cognizable?

BNS Section 7 does not define an offense. Therefore, it is neither cognizable nor non-cognizable.

Q7 - What is the BNS Section 7 equivalent of IPC Section 60?

BNS Section 7 is the equivalent of IPC Section 60.