What are the various punishments in Indian Penal Code?

Question: What are the various punishments in Indian Penal Code? [R.J.S. 1986, UPCJ 2000]

Find the answer to the mains question of IPC only on Legal Bites. [What are the various punishments in Indian Penal Code?]

Answer

There are five different kinds of punishments awarded by the Indian Penal Code, 1860 under Section 53, and they are

1. Death,
2. Life imprisonment,
3. Simple or rigorous imprisonment,
4. Fine and
5. Forfeiture of property.

The aforementioned punishment can also be awarded in conjunction in order to achieve the intended goal and deter the wrong committed. General provisions related to punishment for different offences are enumerated in Sections 53 to 75 of the IPC. Sections 63 to 70 incorporate the provisions related to the imposition of fines and any alternative sentence, in case fines are not paid. Section 73 and 74 lay down the punishment of ‘solitary confinement and spells out the limitation with regard to its imposition.

Death: It is capital punishment wherein the accused is executed to death after he has been found to be guilty of a criminal offence in accordance with the appropriate legal process. In contemporary India, death sentences are only reserved for the rarest of rare cases. However, there is no guideline or structure to define these “rarest of rare” cases.

Imprisonment: This is a punishment wherein the accused is confined in a penitentiary. The framers of the India Penal Code even envisaged two kinds of imprisonment i.e.-Rigorous and Simple.

Levying of penalty or fine: The imposition of a fine has been prevalent since the inception of the tribal system. In the case of Ashok Kumar vs. State, [1980] SCR (2) 863, the Apex court had opined that “payment of fine brings home the sense of responsibility in a surer fashion than even short terms of imprisonment in some case.” The Indian Penal Code and several other Indian statutes have affixed the levying of fines as an alternative to the main punishment.

Forfeiture of property: This punishment has been provided by the Indian Penal Code and it was even prevalent in ancient India. Certain provisions in the current IPC which provide for forfeiture of property as punishment are:

• Section 126 – Committing depredation on territories of Power at peace with the Govt of India
• Section 127 – Receiving property taken by war or depredation mentioned in Sections 125 and 126 of I.P.C.
• Section 169 – Public servant unlawfully buying or bidding for a property

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