sentence

After conviction, the court hears the accused on sentence and then passes sentence within the limits fixed for the offence. Section 4 of the BNS (old s.53 IPC) lists the punishments: death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property, fine, and (new in the BNS) community service.

Sentencing must be proportionate and must consider aggravating and mitigating circumstances. For death sentences, Bachan Singh requires special reasons and limits the penalty to the rarest of rare cases. Sentences for several offences at one trial run consecutively unless the court directs them to run concurrently.

Example

After hearing the accused on the question of sentence, the court imposed rigorous imprisonment for seven years and a fine.

In Indian law

• Section 4, Bharatiya Nyaya Sanhita, 2023 (old s.53, Indian Penal Code, 1860)
• Bachan Singh v. State of Punjab, 1980 INSC 120: death sentence only in the rarest of rare cases, after weighing mitigating circumstances

See also

punishment · death penalty · rarest of rare · probation

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• The rule against bias (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)