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Section 6: Fractions of Terms of Punishment

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

Chapter II: Of Punishments
Trial Court
Non-Applicable
Non-Applicable
Formerly Sec 57 IPC
Section 5 All 358 Sections of Bharatiya Nyaya Sanhita Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 regulates the calculation of fractions of terms of punishment, establishing that in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.

  • Twenty-Year Notional Equivalence: Applies exclusively for computing fractions (such as half or one-fourth terms for abetment, attempt, or default fine under Sections 8, 55, 62 BNS).
  • Life Means Natural Life: Does not mean that life imprisonment terminates automatically after 20 years; life imprisonment legally endures for the convict's natural life.
  • Mathematical Precision in Sentencing: Eliminates ambiguity when courts must award fractional custodial terms for unconsummated criminal designs.
Key Landmark Precedents:
  • Gopal Vinayak Godse v. State of Maharashtra (AIR 1961 SC 600): A Constitution Bench of the Supreme Court held that a sentence of imprisonment for life is not for any definite period and means imprisonment for the remaining natural life of the convict; Section 57 IPC (Section 6 BNS) is a mathematical rule solely for calculating fractions.
  • Mohd. Munna v. Union of India (2005) 7 SCC 417: Reaffirmed that life convicts have no statutory right to be released automatically upon completing 14 or 20 years of imprisonment.
Courtroom Practice & Strategic Litigation Guidance:

In attempt or abetment trials where the principal offence is punishable with life imprisonment, calculate the maximum permissible sentence under Section 6 BNS: one-half of twenty years equals a statutory cap of ten years imprisonment under Section 62 BNS.

Section 5 All 358 Sections of Bharatiya Nyaya Sanhita Section 7