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Section 4: Statutory Punishments Prescribed Under the Sanhita

Bharatiya Nyaya Sanhita • Chapter II: Of Punishments • Official Statutory Text & Legal Guide

Chapter II: Of Punishments
All Criminal Courts
Non-Applicable
Non-Applicable
Formerly Sec 53 IPC
Section 3 All 358 Sections of Bharatiya Nyaya Sanhita Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 enumerates the statutory punishments to which offenders are liable under the Bharatiya Nyaya Sanhita, 2023, introducing Community Service as a reformative penal sanction alongside traditional custodial sentences.

  • Six Prescribed Punishments: Prescribes: (1) Death, (2) Imprisonment for life, (3) Imprisonment (Rigorous or Simple), (4) Forfeiture of property, (5) Fine, and (6) Community Service.
  • Historic Community Service Reform: Introduces non-custodial community service for minor offences (e.g. petty theft under ₹5,000 upon restitution, public servant unlawful trade, non-appearance, misconduct in public intoxication).
  • Proportional Sentencing Framework: Provides the judicial sentencing toolkit balancing retributive, deterrent, and reformative penological objectives.
Key Landmark Precedents:
  • Bachan Singh v. State of Punjab (1980) 2 SCC 684: The Constitution Bench laid down the 'rarest of rare' doctrine for capital punishment, requiring the court to balance aggravating and mitigating circumstances before awarding death under penal provisions.
  • Sunil Batra v. Delhi Administration (1978) 4 SCC 494: Affirmed that sentencing must maintain human dignity under Article 21, and penal labor must remain within statutory bounds.
Courtroom Practice & Strategic Litigation Guidance:

For first-time offenders in minor theft or public nuisance prosecutions, pray specifically for Community Service under Section 4(f) BNS at the stage of hearing on sentence, highlighting clean antecedents, youth, and willingness to perform public welfare labor.

Section 3 All 358 Sections of Bharatiya Nyaya Sanhita Section 5