punishment
Punishment is the sanction the State imposes for a crime. The BNS lists the punishments to which offenders are liable: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, fine, and community service, which the BNS added for some petty offences. Special laws may provide others.
The aims of punishment are explained by theories: deterrent, retributive, preventive, reformative and expiatory. Indian sentencing combines them; death is reserved for the “rarest of rare” cases, and probation and community service reflect the reformative approach. A person cannot be punished except for an offence defined by law in force at the time (Article 20(1)), or twice for the same offence (Article 20(2)).
Example
Under the BNS, community service is now a recognised punishment for certain petty offences such as small thefts by first offenders.
In Indian law
- s.4 BNS (old s.53 IPC): punishments
- Article 20, Constitution of India
See also
theories of punishment · sentence · death penalty · nulla poena sine lege
Read more in the study notes
- Rule of law and droit administratif (Administrative Law)
- Classification of administrative action (Administrative Law)
- Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
- Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
- Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
- Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)