Punishment Under IPC – Notes


Section 53: As per IPC following punishment can be given:-

  1. Death
  2. Imprisonment for life
  3. Imprisonment –Rigorous (with (1) hard labour and (2) simple)
  4. Forfeiture of property
  5. Fine

Section related to death sentence 121, 132, 194, 302 – death sentence and life imprisonment – 305, 307, 364, 364(a) ,396.

Life Imprisonment– Section121, 121(a), 122, 194(a), 125, 128, 130, 131, 132, 194, 195,  222’A’, 232, 238, 255, 302, 304, 305, 307, 311, 315, 314, 326, 329, 364, 371, 377, 388, 389, 396, 400, 412, 433, 436, 437, 449, 457, 459, 460, 467, 472, 474, 477, 511.

Meaning of life Imprisonment– Gopal Vinayak Godse v/s State AIR 1961 S.C. –life imprisonment means imprisonment to accused till his whole life. The life of a person is not definite hence the term o this imprisonment is also not definite. This was also held in the cases of Karta Singh v/s state & Bhagirath U/S. Delhi administration.

Section 194 & 449 denotes for rigorous imprisonment only simple imprisonment is not the option.

Minimum compulsory imprisonment– Section 397 & 398, prescribes a compulsory minimum of seven years imprisonment.

Minimum Imprisonment – According to section 510 it is up to 24 hours but in some cases, it is in court premises up to adjournment of executing of imprisonment- from the day when the order has been passed.

Forfeiture of property– Section 126, 127, 169 & 263(a) denotes about this punishment.

Fine– following section prescribe about punishment with fine :-

Rs .1000/- = 154,294(a)

Rs.500/-=  137,177(g)

Rs.200/- = 263(a) ,833,290

State v/s Ibrahim 1998- In the smuggling mater worth Rs. Crores heavy fine can be fixed.

Section 53- Construction of reference to transportation-

 (1) subject to the provision of subsection (2) and subsection (3) , any reference to “transportation for life ” in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to “imprisonment for life”.

(2) In every case in which a sentence of transportation for a term has been passed before the commencement of the code of criminal procedure (Amendment) Act, 1955 (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

(3) Any reference to transportation for a term or to transportation for any shorter term ( by whatever name called ) in any other law for the time being in force shall be deemed to have been omitted.

(4) Any reference to “ transportation ” in any other law for the time being in force shall-

(a) If the expression means transportation for life, be construed as a reference to imprisonment for life;

(b) If the expression means transportation for any shorter term, be deemed to have been omitted.

Section 54- Commutation of sentence of death – In every case in which sentence of death shall have been passed, the appropriate government may, without the consent of the offender, commute the punishment for any offer punishment provided by this code.

Section 55- Commutation of sentence of imprisonment for life– In every case where a death sentence has been passed, the competent government without the consent of the offender, can commute the punishment for any other punishment. These provisions have also been given in section 433 (A) of CRPC. These providers have also been given in section 433 (A) of CRPC.

Section 55A- Appropriate government-

  • In death sentence or offence against any law to which the executive power of the Union extends- The central government.
  • Where the offence is against law relating to the executive power of the state, extends in the cases of a sentence (whether death or not), the state government.

Section 57-Fractious of terms of punishment– Life imprisonment is counted for a period of 29 years. The section does not denote that one’s life is up to the age of 20 years. A person punishable with the punishment of life imprisonment cannot claim for being free from imprisonment after 20 years.

  • Lakhi v/s State of Rajasthan – The punishment of life imprisonment 1996 means life long punishment.

Section 60- Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple-

In the cases punishable with imprisonment such imprisonment wholly rigorous or simple or that any part of such imprisonment shall be rigorous and rest simple.

Section 63- Amount of fine- 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 64- Sentence of imprisonment for payment of fine- In every case of an offence punishable with imprisonment as well as fine and offender default in making payment of fine the court shall direct the offender to suffer further imprisonment for a certain term.

Section 65- Limit to imprisonment for not payment of fine- In such cases the imprisonment shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence.

Section 66- Description of imprisonment for non- payment of fine– The imprisonment which the court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

Section 67 Imprisonment for non – payment of fine when offence is punishable with fine only- It shall not be for any term exceeding two months when the amount of fine shall not exceed 50/-  up to 4 months if amount does not exceed 100 % and for any term not exceeding six months in any other case.

Section 68- Imprisonment to terminate on payment of fine- 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.

Section 69- Termination of imprisonment on payment of proportional part of fine- The imprisonment shall terminate soon after payment of a proportion of the fine.

ILLUSTRATION- A is sentenced to a fine of one hundred rupees and to four month’s imprisonment in default of payment. Here if seventy- five 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 seventy- five – 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 fifty rupees of the fine 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.

Section 70- Fine leviable within six years, or during imprisonment- Death not to discharge property from liability- 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 than at any time previous to the expiration of that period; and the death of the offender does not discharge from liability any property which would after his death, be legally liable for his debts.

Section 71- Limit of punishment of offence made up of several offences- where an offence is made up of part any of which parts is itself an offence unless it is so expressly provided the offender shall not be punished with the punishment of more than one of such his offence.

When anything is an offence following within two or more separate definitions of any law in force or several acts of which one or more than one would by itself constitute an offence, the offender shall not be punished with a more server. Punishment then cost could award for anyone of such offence.

ILLUSTRATION- A given 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.

Trial for more than one offence (CRPC)- 

Where anything which is an offence made U/S of parts than for every trial accused may be charged in a single trial and where anything is an offence falling within two or more separate definition, the accused can be charged for all the offence in a single case.

Offences are punishable under two or more acts-

When a person is prosecuted offence under two or more acts, he shall not be prosecuted separately under both the acts. ‘A’ a mother left his kid so that he may die. For both, the acts mother will not be punishable under section 304 & 317. She shall only be punishable under section 304.

Section 72- Punishment of person guilty of one of several offences, the judgement stating that it is doubtful of which – When 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 punishable is provided if the same is not provided for all. But when all the offence is punishable with the same punishment then the court will impose the same punishment. The doubt under the section is as to which offence has been committed by the offender and not as to whether he has committed any offence or not.

ILLUSTRATION- A person is murdered and whoever has committed this murder has been assisted by the other one but who has committed this murder and who have assisted the other one is impossible to know. In that circumstance, A&B both will be punishable for the offence of less gravity.

Section 73- Solitary confinement– When any person is convicted of an offence of rigorous imprisonment he shall be kept in solitary confinement not exceeding-

  • A time not exceeding one month.
  • If the term of imprisonment shall not exceed six month-
  • Two month- six month to one year
  • Three months- if exceeds one year

Section 74- Limit of solitary confinement

Solitary confinement shall in no case exceed 14 days at a time. If can always be in intervals as it has a direct impact on a person’s mental status. Further, when the imprisonment awarded shall exceed three months, it shall not exceed seven days in any one month of the whole imprisonment.

Section 75- Enhanced punishment for certain offence under chapter XII or Chapter XVII after previous conviction- Whoever having been convicted under chapter XII or XVII for a term of three years or upwards is guilty of any of offence punishable under any of these chapters with like imprisonment 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 10 year.

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