1. Death Penalty
Death penalty has been a mode of punishment since time immemorial, executed after due trial and process.
Bachan Singh vs St. of PJ: The Supreme Court upheld the validity of the death sentence but held that life imprisonment is the rule and death sentence is the exception.
Bimla Devi vs Rajesh Singh: Held that every murder is gruesome, but the right to life of the accused must also be respected.
Offences under BNS punishable with death: Currently, 15 offences are punishable with death, such as Section 70(2) (Gang rape of a woman under 18 years) and Section 103(2) (Murder by a mob of 5 or more).
2. Imprisonment for Life
Defined under Section 2(17) of BNS, life means the life of a human being until he breathes his last.
Gopal Godse vs St. of MH: Life imprisonment must prima facie be treated as imprisonment for the remaining life of the convict.
Power of Remission: Under Section 473/474 of BNSS, power is given to the appropriate government to remit, suspend, or commute the sentence.
Example: Sections: 70(1) (Gang rape) and 104 (Murder by life convict).
U/s 6 of the Act life imprisonment means 20 years unless otherwise provided
3. Imprisonment
As per the Act "offender may be either disciption court shall sentence wholly rigorous or wholly simple or that any part of imprisonment rigorous and rest simple"
Under Section 7 of BNS, imprisonment is divided into:
a)Rigorous: Imprisonment with hard labour whether consent given or not (e.g., child trafficking under Section 143(5)).
b)Simple: The offender cannot be forced to work unless he volunteers (e.g., confinement negligently suffered by a public servant under Section 261).
4. Forfeiture of Property
Absolute forfeiture of all properties was mostly abolished in Indian Penal code, 1860. However, under Bhartiya Nagrik Surksha Sanhita,2023(BNSS), property taken by war or depredation can be forfeited (Sections 153/154/155).
5. Fine
Nearly every offence under BNS is punishable with fine, which is sometimes mandatory and sometimes discretionary.
The amount and liability in default are defined under Section 8 of BNS.
6. Community Service
Introduced for the first time as a mode of punishment under BNS, 2023. According to BNSS, it means "work which the court may order the convict to perform as a form of punishment for the benefit of the community for which he shall not be entitled to remuneration".