Types of  Punishment in Indian Penal Code, 1860

December 16, 2022

Any hardship or suffering doled out to an offender through the legal system is referred to as punishment. It is a procedure whereby the state inflictes  harm to a body or property after they have been found to have committed an  of an offence. In other words, a punishment is penal harm one that is given to a criminal for breaking the law. The word “punishment” refers to the agony that a person must endure as retribution for doing something wrong. It is intentionally inflicted on that person against his will and without his approval.

In IPC chapter 3  specifies various punishments for various offences. The various punishments that a person charged with a offence may receive are described in Section 53 of the IPC. According to the IPC offenders are subject to the following punishments:

1. Capital punishment

When a person is convicted for a offence  which are punishable by death then capital punishment known as death punishment is ordered.

2. Life imprisonment

The definition of imprisonment is the deprivation of another person’s liberty without that person’s assent. Life in prison refers to a sentence that is carried out for the entirety of the offender’s natural life ( till death).

3. Imprisonment (Rigorous & simple)

i. Rigorous

In cases of rigorous imprisonment, the wrong doer is forced to perform labor-intensive tasks including  digging the ground,  cutting firewood, and cutting grass, among others.

ii. Simple

For not so serious offences like  slander, etc., simple imprisonment is inflicted. In such circumstances, the wrongdoer is imprisoned and is not required to perform any type of labour.

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4. Forfeiture of Property

Keeping or putting in state’s custody of convicted person’s property is indicated by forfeiture. The State confiscates the property of the offender as part of this punishment.   The forfeited property could be either moveable or immovable.

5.  Fine

The fine may be imposed as the only penalty, as a substitute to imprisonment, or in lieu of imprisonment by the court. Whether a particular offence  calls for a sentence of either imprisonment or fine or both relies on the court’s discretion. Section 64 of the IPC states that if a person does not pay the fine, the court may order imprisonment.

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