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Punishments, ss. 4-13: death, imprisonment for life, rigorous and simple imprisonment, forfeiture, fine and community service

LUG-106 Substantial Law of Crimes-I (The Bharatiya Nyaya Sanhita, 2023 - I), Unit II: Punishments (ss. 4-13). · LLB · 60 min

Chapter II of the Sanhita (ss. 4-13) lists the six punishments a court may impose and the rules for applying them. Both recent papers asked for the kinds of punishment, rigorous imprisonment and community service, so this lecture reads s. 4 clause by clause with the constitutional cases on the death penalty (Jagmohan Singh, Bachan Singh, Machhi Singh, Mithu), the meaning of life imprisonment (s. 6, Gopal Vinayak Godse), the rules on fine and default (s. 8), solitary confinement (ss. 11-12), enhanced punishment (s. 13) and the Sanhita's one new punishment, community service.

Objectives

Slides

  1. Section 4: the six punishments (s. 53 IPC)
  2. Death: where it is prescribed and how it is imposed
  3. The constitutional cases: Jagmohan Singh, Bachan Singh, Machhi Singh, Mithu, Mukesh
  4. Imprisonment for life: ss. 4(b), 5, 6 and the remission rules
  5. Imprisonment: rigorous and simple, s. 4(c) and s. 7 (s. 60 IPC)
  6. Solitary confinement, ss. 11-12 (ss. 73-74 IPC), and enhanced punishment, s. 13 (s. 75)
  7. Forfeiture of property, s. 4(d)
  8. Fine, s. 4(e) and s. 8 (ss. 63-70 IPC): amount, default imprisonment and recovery
  9. Community service, s. 4(f): the new punishment
  10. Sections 9 and 10: limits where one transaction is several offences
  11. How the examiner asks it

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