Section 7: Nature of Imprisonment under the Bharatiya Nyaya Sanhita, 2023
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.
Explanation of Section 7: Types of Imprisonment
This section deals with the nature of imprisonment that can be imposed under the Bharatiya Nyaya Sanhita, 2023. It states that in certain cases where imprisonment is prescribed, the sentence can be entirely rigorous (harsh) or entirely simple (lenient). Moreover, if the offense allows for imprisonment of either kind, the court sentencing the offender has the authority to specify whether the imprisonment should be entirely rigorous, entirely simple, or a combination of both. This means the court can decide to impose a sentence that is completely harsh, completely lenient, or divide the imprisonment period so that part of it is rigorous and the remainder is simple. This provision allows the court to tailor the punishment based on the severity of the offense and other relevant factors in each case.
