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Section 7: Sentence May Be Wholly or Partly Rigorous or Simple

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

Chapter II: Of Punishments
Trial Court
Non-Applicable
Non-Applicable
Formerly Sec 60 IPC
Section 6 All 358 Sections of Bharatiya Nyaya Sanhita Section 8

Legal Commentary & Landmark Judgments: Section 7

Section 7 empowers the Court to direct that an offender sentenced to imprisonment may be punished with imprisonment which shall be wholly rigorous, wholly simple, or that any part shall be rigorous and the rest simple.

  • Judicial Sentence Differentiation: Authorizes judges to tailor the nature of incarceration according to the gravity of the offence, criminal antecedents, and convict rehabilitation prospects.
  • Rigorous vs Simple Imprisonment: Rigorous imprisonment entails hard labor within prison regulations; simple imprisonment entails custody without compulsory hard labor.
  • Split Sentencing Authority: Enables split sentences (e.g. three months rigorous followed by nine months simple imprisonment) in appropriate socio-economic trials.
Key Landmark Precedents:
  • State of Gujarat v. High Court of Gujarat (1998) 7 SCC 392: The Supreme Court held that rigorous imprisonment involving hard labor does not violate Article 23 (forced labor) of the Constitution, provided prisoners are paid equitable statutory wages for their work.
  • Sunil Batra v. Delhi Administration (1978) 4 SCC 494: Affirmed that prisoners sentenced to simple imprisonment cannot be compelled to perform hard labor, and prison conditions must respect human dignity.
Courtroom Practice & Strategic Litigation Guidance:

When arguing on sentence for elderly, medically infirm, or white-collar convicts, make a specific plea under Section 7 BNS requesting simple imprisonment, placing hospital discharge summaries and medical board records before the judge.

Section 6 All 358 Sections of Bharatiya Nyaya Sanhita Section 8