CHAPTER II

OF PUNISHMENTS

 

S.4 BNS / S.53 IPC PUNISHMENTS

The punishments to which offenders are liable under the provisions of this Sanhita are—

a. Death;

b. Imprisonment for life;

c. Imprisonment, which is of two descriptions, namely: —

1.  Rigorous, that is, with hard labour;

2. Simple;

d. Forfeiture of property;

e. Fine;

f. Community Service.

 

Q. Which of the following punishment cannot be awarded under Bhartiya Nyaya Sanhita, 2023?

a. forfeiture of property

b. rigorous imprisonment

c.  transportation for life

d.  death

Ans.(c)

 

Q. How many kinds of punishment are provided in Section 4 of Bhartiya Nyaya Sanhita, 2023?

a. Six

b. Four

c. Five

d. Seven

Ans.(a)

 

Q. In which of the following case, it was held that the death sentence should be given in the 'rarest of rare cases'?

a. v. Govinda

b. Hussain Ara Khatoon v. State of Bihar

c. Sunil Batra v. Delhi Administration

d.  Bachan Singh v. State of Punjab

Ans.(d)

 

Q. Which of the following is a kind of punishment under Section 4 of the BNS?

a. Whipping

b. Fine

c. Servitude

d. Transportation

Ans. (b)

 

Q. Identify the punishment which is not prescribed under the category hf punishments in Bhartiya Nyaya Sanhita, 2023:

a. Death

b. Imprisonment for life

c. Simple imprisonment with hard labour

d. Forfeiture of property

Ans. (c)

 

S.5 BNS / S.54 IPC  COMMUTATION OF SENTENCE

The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023

 

EXPLANATION: ––

For the purposes of this section expression “appropriate Government” means, ––

a. in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

b. in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

 

Q. In the case of sentence of death, power to suspend, remit or commute is conferred upon:

a. State Government                  

b. Central Government

c. State as well as Central Government

d. President                                        

Ans. (c)  

     

Q.  Under which of the following sections of BNS, 2023 the death sentence can be commuted without the consent of the offender:

a. Section 6

b. Section 5

c. Section 7                                   

d. None of these

Ans.(b)

 

Q. ln how many years a sentences of imprisonment for life can be commuted by the Government

a. 20 years

b. 18 years

c. 14 years

d. 12 years

Ans. (c)

 

Q. In calculating fractions of terms of Punishment, the imprisonment for life is reckoned as equivalent to:

a. imprisonment for fourteen years 

b. imprisonment for twelve years

c. imprisonment for twenty years

d. imprisonment for seven years

Ans.(c)

 

S.6 BNS / S.57 IPC FRACTIONS OF TERMS OF PUNISHMENT

In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided

 

Q. The term of life imprisonment under Bhartiya Nyaya Sanhita, 2023 is:

a. 14 years

b. 20 years

c. whole of natural life

d. 10 years.

Ans.(c)

 

S.7 BNSS / S.60 IPC SENTENCE MAY BE (IN CERTAIN CASES OF IMPRISONMENT) WHOLLY OR PARTLY RIGOROUS OR SIMPLE

In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

 

S.8 BNS / S.63-70 IPC  AMOUNT OF FINE, LIABILITY IN DEFAULT OF PAYMENT OF FINE, ETC.

1. Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. (Section 63 of IPC)

2. In every case of an offence––

a. punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;

b. punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. (Section 64 of IPC)

3. The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. (Section 65 of IPC)

4. The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence. (Section 66 of IPC)

5. If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service,  shall not exceed for any term not exceeding, —

a. two months when the amount of the fine does not exceed five thousand rupees;

b. four months when the amount of the fine does not exceed ten thousand rupees; and

c. one year in any other case (Section 66 of IPC)

6.a.  The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;

b. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. (Section 67, 68, 69 of IPC)

 

ILLUSTRATION

A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment.  A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

7. The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. (Section 70 of IPC)

 

Q. Where no sum is expressed to which a fine may extend, under BNS in such a case, the amount of fine to which the offender is liable is:

a. Up to the power of the magistrate sentencing

b. Unlimited but not excessive

c. Upto Rs. 10000

d.  All of them

Ans. (b)   
    

Q. Sentence of imprisonment for non­payment of fine under Section 8(2) of BNS:

a. shall be in excess of any other imprisonment to which an offender has been sentenced

b. shall be concurrent of any other imprisonment

c. shall not be in excess of any other imprisonment

d. both (b) and (c)

Ans. (a)

 

Q. Under Section 8(3) of Bhartiya Nyaya Sanhita, 2023, sentence of imprisonment for non-payment of fine shall be limited to:

a. one-third of the maximum term of imprisonment fixed for the offence

b. one-fourth of the maximum term of imprisonment fixed for the offence

c. one-half of the maximum term of imprisonment fixed for the; offence

d. one-fifth of the maximum term of imprisonment fixed for the offence

Ans. (b)

 

Q. The Chief Judicial Magistrate has punished the accused with imprisonment of five years and fine of ten thousand rupees under Section 117(2) of the BNS. The maximum imprisonment under the Section 117(2) is seven years. On non-payment of fine, the Magistrate can give him maximum imprisonment upto:

a. Fifteen months

b. Twenty one months

c. Twelve months

d. Thirty months

Ans.(b)

 

Q. In case of an offence punishable with fine only, imprisonment for non­payment of fine      

a. has to be rigorous

b. has to be simple

c. can be rigorous or simple

d. can be partly rigorous and partly simple

Ans. (b)

 

Q. The maximum term of imprisonment that can be awarded in default of payment of fine, in case of offence punishable with fine Only, when the (person is sentence to a fine of rupees hundred:

a. Six months  

b. Four months

c. One month

d. Two months

Ans. (b)

 

Q. Under Bhartiya Nyaya Sanhita, 2023, if  the offence is punishable with fine only and accused has been awarded with fifty rupees fine the period of imprisonment in default shall:

a. not exceeding one month

b. not exceeding two month

c. not exceeding three month

d. not exceeding four month

Ans. (b)

 

S.9 BNS / S.71 IPC LIMIT OF PUNISHMENT OF OFFENCE MADE UP OF SEVERAL OFFENCES

1. Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

2. Where -

a. anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished; or 

b. several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences.

 

ILLUSTRATIONS

a. A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.

b. But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.

 

Q. The 'protection against double jeopardy' is contained in:     

a. Section 8

b. Section 9

c.  Section 10

d. Section 3

Ans. (b)

 

S.10 BNS / S.72 IPC PUNISHMENT OF PERSON GUILTY OF ONE OF SEVERAL OFFENCES, JUDGMENT STATING THAT IT IS DOUBTFUL OF WHICH

In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

 

S.11 BNS / S.73 IPC SOLITARY CONFINEMENT

Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely: —

a. a time not exceeding one month if the term of imprisonment shall not exceed six months;

b. a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;

c. a time not exceeding three months if the term of imprisonment shall exceed one year.

 

Q. Under BNS which one of the following sections makes provision of solitary confinement?

a. Section 9

b. Section 10

c. Section 11

d. Section 12

Ans. (c)     

 

S.12 BNS / S.74 IPC LIMIT OF SOLITARY CONFINEMENT

In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

 

Q. Section 11 of BNS provides for the maximum limit of solitary confinement to be

a. One year

b. Two years

c. Three months

d. Six months

Ans.(c)

 

Q. According to Sections 11 and 12 of Bhartiya Nyaya Sanhita, 2023, a convict can be kept in solitary confinement for any portion or portions of imprisonment to which he is sentenced. Which of the following is incorrect?

a. For period not exceeding three months in the whole

b. For period not exceeding three months, if the term of the imprisonment exceeds six months and does not exceed one year

c. For period not exceeding three months if the term of imprisonment exceeds one year

d. The solitary confinement in no case shall exceed 14 days at a time

Ans. (a)

 

Q. Which provisions of Bhartiya Nyaya Sanhita, 2023 deal with the 'Solitary confinement' and 'limits on solitary confinement'?

a. Section 12 and Section 13

b. Section 9 and Section 10

c. Section 11 and Section 12

d. Section 10 and Section 11

Ans. (c)

 

S.13 BNS / S.75 IPC ENHANCED PUNISHMENT FOR CERTAIN OFFENCES AFTER PREVIOUS CONVICTION

Whoever, having been convicted by a Court in India, of an offence punishable under Chapters X or Chapter XVII of this Sanhita with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.