Various Punishment defined under IPC different offences.
Section 53 prescribes various punishment to which offenders are liable.
Maximum Punishment describe under this code -
1.Death- Death is the most rigorous penalty that has been imposed by the IPC. Basically originally when the IPC was drafted there was eight offences that the death penalty was reserved.
however, after the amendment, it was reduced to seven but after the nirbhaya case (rape case) this death penalty has been imposed it has been reserved for eighth offences.
The death penalty is given by the session court as well, however, is subject to confirmation by the high court. the famous case Bachan Singh v. the State of Punjab court was held that the Death penalty should be given in the rare and rare case.
There are a certain example and section where is the death penalty has been avoided, section 302 which sense of the murder, section 305 which talks about the offence of abetting side of a child or insane person.
2.Life Imprisonment- Living behind the bars it sometimes more painful than a death sentence.The most popular sentence after the death penalty.
The death penalty is prescribed Life imprisonment also find a place as an alternative. It is known as commutation of the sentence of death.
In section 54 where a sentence of the death penalty has been passed the appropriate government can commutation the punishment to any other punishment provided by this code.
example- let say person name A here committed murder now that particular person can give a death sentence, now the appropriate government which has been defined in section 55-A can reduce the death sentence to other punishment which has been prescribed in section 53.
usually a death sentence commutation in Life imprisonment and life imprisonment commutation in the imprisonment of either description for a term not exceeding fourteen(14) years.
3. Imprisonment- A imprisonment cab be Rigorous and Simple imprisonment.
What is the difference between Rigorous and simple imprisonment?
Rigorous imprisonment involves hard labour.
It is the court to decide while they gave imprisonment will that imprisonment will be whole rigorous or whole simple or the particular imprisonment has been avoided by the court could be partly rigorous and partly simple.
Example- Person A who is committed an offence and punishment by the court for 20 years imprisonment, the court shall be competent to decide the 1st 10 years Rigorous Imprisonment and next 10 years Simple imprisonment.
4. Forfeiture of property- Forfeiture of property is not very common in IPC. Section 61 which have the sentence of Forfeiture of the property has repeal by Indian penal code (Amendment ) Act, 1921 (16 of 1921), section 4.
Now IPC have two section which define forfeiture of property.
1st is section 126 which prescribe Forfeiture of property as punishment of either description for a term which may be extend to seven years, and shall also liable to fine and to forfeiture of property used or intended to be used in committing such depredation, or acquired by such depredation.
2nd is section 127 talks about Receiving property taken by war on depredation mention in section 125 and 126.
Classification Of Offence
Punishment- Imprisonment for 7 years and fine, and forfeiture of certain property Cognizable-Non-Compoundable.
5. 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 53 prescribes various punishment to which offenders are liable.
Maximum Punishment describe under this code -
1.Death- Death is the most rigorous penalty that has been imposed by the IPC. Basically originally when the IPC was drafted there was eight offences that the death penalty was reserved.
however, after the amendment, it was reduced to seven but after the nirbhaya case (rape case) this death penalty has been imposed it has been reserved for eighth offences.
The death penalty is given by the session court as well, however, is subject to confirmation by the high court. the famous case Bachan Singh v. the State of Punjab court was held that the Death penalty should be given in the rare and rare case.
There are a certain example and section where is the death penalty has been avoided, section 302 which sense of the murder, section 305 which talks about the offence of abetting side of a child or insane person.
2.Life Imprisonment- Living behind the bars it sometimes more painful than a death sentence.The most popular sentence after the death penalty.
The death penalty is prescribed Life imprisonment also find a place as an alternative. It is known as commutation of the sentence of death.
In section 54 where a sentence of the death penalty has been passed the appropriate government can commutation the punishment to any other punishment provided by this code.
example- let say person name A here committed murder now that particular person can give a death sentence, now the appropriate government which has been defined in section 55-A can reduce the death sentence to other punishment which has been prescribed in section 53.
usually a death sentence commutation in Life imprisonment and life imprisonment commutation in the imprisonment of either description for a term not exceeding fourteen(14) years.
3. Imprisonment- A imprisonment cab be Rigorous and Simple imprisonment.
What is the difference between Rigorous and simple imprisonment?
Rigorous imprisonment involves hard labour.
It is the court to decide while they gave imprisonment will that imprisonment will be whole rigorous or whole simple or the particular imprisonment has been avoided by the court could be partly rigorous and partly simple.
Example- Person A who is committed an offence and punishment by the court for 20 years imprisonment, the court shall be competent to decide the 1st 10 years Rigorous Imprisonment and next 10 years Simple imprisonment.
4. Forfeiture of property- Forfeiture of property is not very common in IPC. Section 61 which have the sentence of Forfeiture of the property has repeal by Indian penal code (Amendment ) Act, 1921 (16 of 1921), section 4.
Now IPC have two section which define forfeiture of property.
1st is section 126 which prescribe Forfeiture of property as punishment of either description for a term which may be extend to seven years, and shall also liable to fine and to forfeiture of property used or intended to be used in committing such depredation, or acquired by such depredation.
2nd is section 127 talks about Receiving property taken by war on depredation mention in section 125 and 126.
Classification Of Offence
Punishment- Imprisonment for 7 years and fine, and forfeiture of certain property Cognizable-Non-Compoundable.
5. 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.
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