PRINCIPLE FORMS OF

PUNISHMENT IN THE IPC

A. Death Sentence
B. Imprisonment for life
C. Imprisonment
D. Forfeiture of Property
E. Fine
PUNISHMENT
• Punishment is the imposition of an undesirable outcome on a group or
individual. The practice of the punishment of crimes is known as penology.
The authority may be a single person, and punishment will be carried out
formally under a law system or informally in other social settings such as
within a family. The reason for punishment includes deterrence,
rehabilitation, incapacitation, etc.
• Punishment can be harmful as well as positive. The depletion of behaviour
via the application of an unpleasant stimulus is known as positive
punishment, whereas removing a peaceful stimulus is known as negative
punishment
• Section 53 of IPC defines the different types of punishment to which offences
are liable
DEATH PENALTY
• Death Penalty
• It is capital punishment, as the criminal hangs until death. This type of
punishment is rare.
• Section 28, crpc is empowered to award death penalty with conformation from
HC u/s 366 of crpc
• Death punishment can be provided for offences under sections 121, 132, etc. In
the aforementioned sections, the court doesn’t need capital punishment.
• Case law: Jagmohan Singh Vs. Uttar Pradesh (1973 AIR 947,1973 SCR (2)541)
• The death penalty is not constitutional and is proved invalid as a punishment.
The Supreme Court recognised the death penalty as valid.
Bachan Singh v. the State Of Punjab,
Death Penalty..
• Two forms of death penalty
Hanging & Shooting ( Arm Forces decided by court marshall)
Case Laws on death penalty
Jagmohan Singh Vs Sate of UP, 1972 – Death Penalty is Valid and
deprivation is constitutionally valid.
Bachan Singh vs State of Punjab – Rarest of the rare cases
Mithu SIngh Vs State of Punjab – gave guidelines for death penalty &
Section 303 of IPC was made unconstitutional
Life Imprisonment
• Life imprisonment refers to incarceration for the rest of the convicted
offender’s life. Under India’s legal system, life imprisonment plays a
significant role as it has been categorised as a prominent form of
punishment.
• Most people consider life in prison to be 14 years. However, whether the
prison term is 14 years, 20 years, 30 years, or until the convict’s death is left
up to the state government. The length of the sentence is also determined
by a person’s familial circumstances, state of health, and actions leading up
to their conviction. The duration of confinement cannot be less than 14
years as per Section 433-A of the Code of Criminal Procedure, 1973 (CrPC),
although the sentence may be reduced under Section 342 of the CrPC.
Life Imprisonment
• In the case of Bhagirath and Ors v. Delhi Administration (1985). If a
person is sentenced to life in prison, he must serve a minimum of 14
years there and a maximum of their entire life.
• Four Catogories
• 1. Offences punishable with min of “ Imprisonment for life”
• 2. “ imprisonment for life “ with death
• 3. Sole punishment of imprisonment for life.
• 4. Max “Imprisonment for life” - Gopal Vinayak Godse case spend
rest of his life in prison
Imprisonment

• This punishment removes all the convict’s freedom and puts him in jail. There are two kinds of
imprisonment:-
• Rigorous
• In rigorous imprisonment, the convict works hard as a labourer. They are assigned tasks like
cutting wood, digging, etc.
• Sec 194, Indian Penal Code: Providing false evidence to procure conviction of the capital
offence.
• Sec 449, Indian Penal Code: House-trespass with bad intentions are punishable with death.
• Simple- Imprisonment where an accused convicted of a crime is kept in prison without any
labour or hard work.
• Solitary Confinement
• Solitary confinement means keeping the convict isolated and away from any interaction with
the world. It comes under Section 73 of the Indian Penal Code.
Forfeiture of Property

• Under this punishment, the government seizes all the property or

assets of the convicted. The seized property or asset may be movable
or immovable. Forfeiture of property as punishment is for offences
under section 126 and section 127.
FINE
• SECTION 63 – “When no sum is expressed to which a fine may
extend”
• SECTION 64- “Sentence of imprisonment for non- payment of fine”
• SECTION 65 OF IPC- “Limit to imprisonment for non -payment of fine”
• Imprisonment to be terminated on payment of fine
• Termination of imprisonment on payment of proportional amount
• Section 67 – Less then 50rs – 2 months imprisonment
Between 50 to 100rs – 4 months imprisonment
More then 100rs - 6 months imprisonment