Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter II · Of Punishments
← Previous Section 7 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 7

Sentence May Be (in Certain Cases of Imprisonment) Wholly or Partly Rigorous or Simple

Section 7 gives the sentencing court a choice whenever an offender is punishable with imprisonment that may be of either description: the court may direct that the imprisonment be wholly rigorous, wholly simple, or partly rigorous and partly simple.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 7 is marked Exact correspondence:

BNS 7CoversIPC, 1860 equivalentCategory
7Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simpleS.60 “Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple”Exact

Comparing the bare text directly, BNS Section 7 reproduces old IPC Section 60 word for word, with no substantive change of any kind.

Quick Reference

Section 7 is a general sentencing-discretion provision, not a penal provision — it creates no offence of its own, so no BNSS First Schedule entry or cognizable/bailable/compoundable/triable-court classification applies to it.

Applies to: any offence whose punishment clause allows imprisonment “of either description” (rigorous or simple).
Court's discretion: to direct that the imprisonment imposed be wholly rigorous, wholly simple, or split — part rigorous and part simple.

Statutory Text (Verbatim)

In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The sentencing discretion as a whole

Explanation (Lexovia's Commentary)

Section 4(c) splits imprisonment into two descriptions — rigorous (with hard labour) and simple (without it). Where a specific offence's punishment clause allows “imprisonment of either description,” leaving the choice open rather than fixing rigorous or simple imprisonment alone, this section confirms the sentencing court's power to make that choice explicit in the sentence itself, and goes further: the court is not limited to an all-or-nothing choice. It may direct that the whole term be rigorous, that the whole term be simple, or that the term be split, with one part served as rigorous imprisonment and the rest as simple imprisonment. This gives the court a graduated tool for tailoring the practical character of the imprisonment to the facts of the case, within whatever total term the offence's own punishment clause allows.

Illustration (Lexovia's Own Example)
A is convicted of an offence whose punishment clause reads “imprisonment of either description for a term which may extend to three years.” The sentencing court, having regard to the circumstances, sentences A to three years' imprisonment directed to be served as two years rigorous imprisonment followed by one year simple imprisonment. Section 7 makes this split direction competent to the court, rather than confining it to an all-rigorous or all-simple sentence.
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Does every imprisonment sentence let the court split it into rigorous and simple parts?

No. Section 7 only applies where the specific offence's punishment clause allows imprisonment “of either description” in the first place. Where a punishment clause fixes rigorous imprisonment only (or simple imprisonment only), this section's discretion does not come into play.

Can a court impose part rigorous and part simple imprisonment for the same sentence?

Yes. Section 7 expressly allows the court to direct that any part of the imprisonment be rigorous and the rest simple, in addition to the simpler options of directing the whole term be wholly rigorous or wholly simple.

← Previous Section 7 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.