Once the court comes to a conclusion, based on evaluation of the evidence admitted before the court, that the accusation are proved against the accused, then the court necessarily decide the quantum of punishment to be awarded to the accused. The following are the offences for which a sentence of death may be passed. In the Indian Penal Code, 1803 , Section 53, particularly deals with distinctive types of punishments which can be given by the Criminal Courts in case the individual is held obligated beneath the Code. The different types of punishments that a convict can be awarded have been listed out u/s 53 IPC. Free Download IPC Bare Act 1860 PDF eBook. Law > Indian Penal Code > Section 53 Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution. As a peacemaker the lawyer has a superior opportunity of being a good man. A term of imprisonment for non-payment of fine is not, the substantial sentence. The validity of death sentence was challenged with the fundamental rights of the Constitution and it has … PUNISHMENT UNDER IPC defined under section 53 of Indian penal code, 1860. Section 65 lays that the term of imprisonment in default of fine shall not exceed ¼ of the maximum term of imprisonment fixed for the offence, if the offender be punishable with the imprisonment as well as fine. Punishment: Penology is a multi-disciplinary subject that aims to study and evaluate the application of penal sanctions to wrongdoers. If the offence is punishable with fine only, the imprisonment in default of payment of fine shall be simple. The object of the punishment in the scheme of modern social defence is correction of wrong doer and not wrecking gratutious punitive vengenece in the criminal. As regards the question of quantum of fines, no general provision exists in England to regulate it. Death sentence is the harshest of punishment prescribed in the Indian Penal Code, which involves the judicial killing or taking the life of the accused as a form of punishment. Offences punishable with imprisonment or fine in the alternative, and. Imprisonment 4. Forfeiture of property means taking away the property of the criminal by the state as punishment. it is observed, that in offences, which are the result of greedy, the amount of fines ought to be so excessive as to reduce the offender to poverty. (S. 118-120 of IPC). Punishment for voluntarily causing Hurt as defined in section 323 is imprisonment of either description up to 1 year and a fine up to 1000 Rs, while punishment for voluntarily causing grievous hurt is imprisonment of either description up to 7 years as well as fine. Criminal Conspiracy Explained – Indian Penal Code Punishments Under Indian Penal Code Deterrent theory – the main objective of this theory is to make the wrong-doer an example to others and prevent the wrong- doer himself from committing wrong again. Such a punishment is certainly called in case of smugglers and black markets where prima facie the source of income or property acquired by the offender may be illegal. Dealing in or selling any fictitious stamp (Section 263-A). Section 53 of the IPC in Chapter III deals with the kinds of punishments which can be inflicted on the offenders. This theory has been criticized because of its harsh, severe and inhuman punishments. The punishments to which offenders are liable are enlisted under Section 53 of the Indian Penal Code. But both Magna Carta and the Bill of Rights contain provisions prohibiting excess and unreasonable fines and assessment. As is well known, one of the fundamental tenets of criminal law is that ‘person is considered innocent until proved guilty’. Any person incurring illegal payments in connection with an election (Section 171-H). 4. Although under Sec 60 of Ipc 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. types of punishment Indian Penal Code, 1860 (IPC) states five types of punishments. Preventive theory – Objective of this punishment is prevention of crime by disabling the offenders by death, exile. The imposition of fines may be made in four different ways as provided in the I.P.C. Preventive theory – Objective of this punishment is prevention of crime by disabling the offenders by death, exile. Death sentence is the harshest of punishment prescribed in the Indian Penal Code, which involves the judicial killing or taking the life of the accused as a form of punishment. Punishments - Indian Penal Code Ss- 53 to 75 of I.P.C. Abduction . Petty crimes like theft were punished with death or mutilation of parts. Conclusion Thus, this punishment helps to bring society with a better criminal system and provides justice. Death 2. These provisions define the kind of punishment that can be given depending upon the gravity of the offences which is associated with the sentencing policy of the country. In India imprisonment for life means for a term of 14years. Section 53: As per IPC following punishment can be given:- Death; Imprisonment for life; Imprisonment –Rigorous (with (1) hard labour and (2) simple) Forfeiture of property; Fine; Section related to death sentence 121, 132, 194, 302 – death sentence … Section 64 authorises the court to award a sentence of imprisonment in default of payment of the fine and expressly enacts that such imprisonment shall be in excess of any other imprisonment to which the offender may have been sentenced. Abetment to murder by a person under sentence of imprisonment for life; if hurt is caused (S.307). Kinds/ Types of Punishments Types of Punishment are as follows - 1) Capital Punishment / Death Penalty - In the history of punishment, capital punishment/death penalty has … They are as follows : In case of rigorous imprisonment, the convicted person is put to hard labour but not harsh labour. The death penalty in India is given by the method of hanging. We are here to help and deliver all types of legal information regarding Indian territorial, state and International Laws. The Indian Penal Code is applicable to all the citizens of India who commit crimes or actions suggesting misconduct in the Indian territory. That’s the only way we can improve. •Reformative – to reform the offender and by giving some vocational training in art, craft or industry, enabling him to lead a good life and become a respectable citizen of society after release. These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory. Punishment in Indian Penal Code 1860 | Section 53 of IPC with Case laws and complete explanation The punishments to which offenders are liable under the provisions of this Code are 1) Death; the graver the offence, the stricter the punishment. Sections 109 to 120 of the Indian Penal Code prescribe certain rules as to punishment for different kinds of abetment. Imprisonment – Rigorous and Simple 4. According to Section 63 of the Indian Penal Code , where no sum is expressed to which a fine may extend,the amount of fine to which the offender is liable is unlimited, but shall not be excessive. However the offender is not automatically released on completion of his sentence unless the government passes an order ending his sentence. The question of whether the state has the right to take the life of a person, however, gruesome the offence he may have committed, has always been or contested issue between moralists who feel that the death sentence is required as a deterrent measure and the pr… Punishment. The minute you read something you can’t understand, you can almost be sure it was drawn up by a lawyer. It is the sole punishment for certain offences and the limit of maximum fine has been laid down : in certain offences it is an alternative punishment but the amount is limited, in offences where it is imperative to impose fine in addition to some other punishment and in offences where it is obligatory to impose fine but no particular pecuniary limit is laid down. Intentional omission to produce a document to a public servant by a person legally bound to produce such document or intentional omission to give notice or information to a public servant by person legally bound to give or intentional omission to assist a public servant when bound by law to give assistance (Sections 175, 176 and 187). This website is not responsible for any direct or indirect loss due to the information given here.  Rigorous imprisonment. Force, Criminal Force And Assault Under I.P.C. Rest of the acts which could be called as cruelty under ipc can be added as per every new incident like harassing wife over her cooking style, teasing her on basis of cast, face, height, colour etc. Types of Punishment. In I.P.C. The Criminal Procedure Code classifies offenses into two categories i.e., cognizable and non-cognizable offenses, further classification has been done by the code to distinguish offenses under the Indian Penal Code based on the magnitude of the punishment as a bailable and non-bailable offense. The punishments to which offenders are liable under the provisions of IPC are; Section 362 of IPC defines Abduction. But in general the division is provided under Section 53 of IPC. Death Sentence is awarded in India only in some exceptional cases such as, 1)Waging or attemting to wage war (Sec 121), 2)Abetment of mutiny actually committed(Sec 132), 3)Giving, fabricating false evidence upon which an innocent person suffers death(Sec 194), 5) Punishment for murder by life convict(Sec 303), 6)Abetment of suicide of a child(Sec 305), 7)Attempt to murder by a person under sentence of imprisonment for life,if hurt is caused(Sec 307), 8)Punishment for causing death or resulting in persistent vegetative state of victim(Sec 376A), 9)Punishment for repeat offenders(Sec 376F), 10)Dacoity accompanied with murder(Sec 396).  Simple imprisonment. In other words punishment is sanction imposed on an accused for the infringement of the established rules. Although Section 405 has a wide ambit, however ‘entrustment’ of the property is an essential ingredient for an offence to be punished under Sec… and Distinction Between Them – Explain. It begins by considering the four most common theories of punishment: retribution, deterrence, rehabilitation, and incapacitation. Failure to keep election accounts (Section 171-I). (Ch.III) refer to graded system of punishments 1. In Indian Criminal Law, punishment is granted according to the gravity of offence while taking into consideration the mitigating factors. Death sentence is the harshest of punishment prescribed in the Indian Penal Code, which involves the judicial killing or taking the life of the accused as a form of punishment. Imprisonment for Life 3. Emasculation; 2. The words as well as, do not mean here ‘and’ as well be seen from, the concluding words of the Ist clause, i.e., ‘whether with or without imprisonment’. Now this case was recorded as ‘Rarest of Rare case’ in the history of Indian Judiciary case laws. This provision itself is indicative of the restricted discretion of the judge in ascertaining the type of penalty as it provides only for a select few punishments. It involves judicial killing or taking the life of the accused as a form of punishment. The determination of the right measure of punishment is often a point of great difficulty and no hard and fast rule can be laid down. Let us know if you liked the post. Punishment for Kidnapping. Section 53 of the Indian Penal Code prescribes five kinds of punishments 2) Punishment Meaning : Punishment is a process by which the state inflicts some pain to the persons or property of person who is found guilty of Crime.