INTRODUCTION TO THE BHARTIYA NYAYA SANHITA, 2023: TYPES OF PUNISHMENT INCLUDING FINE AS PENALTY
The Bhartiya Nyaya Sanhita, 2023, is a legislative code intended to consolidate and amend the provisions relating to offenses, along with matters directly or indirectly associated with such offenses. It stipulates that any individual found guilty under this code within the territory of India shall be subject to its prescribed punishments.
A pertinent question arises regarding the scope of individuals liable under the Sanhita. According to Section 1, liability extends to: any citizen of India; any person on a ship or aircraft registered in India; and any individual, irrespective of their physical location, who targets a computer situated within India. The code further specifies that acts committed outside India may also be punishable if punishable under the Code if they would have been punishable if committed within India.
The Code classifies punishments into seven types: death penalty, life imprisonment, rigorous imprisonment, simple imprisonment, forfeiture of property, fine, and community service. Courts are empowered to award these punishments based on the nature of the offense as prescribed by the Code and at the discretion of the presiding judge.
Fundamentally, punishments fall into two categories: imprisonment and fine. Imprisonment is sub-divided into four forms: death, life imprisonment, rigorous imprisonment, and simple imprisonment.
Section 8 of the Code delineates guidelines pertaining to fines—specifying quantum, circumstances for imposition, and court procedures for recovery in instances of default. If a particular section does not specify the amount of fine for an offense, the fine can be unlimited; however, it must remain proportionate to the severity of the crime. There are two main frameworks: one where only a fine is prescribed, and another where both imprisonment and fine may be imposed, separately or concurrently.
Courts maintain authority to impose penalties commensurate with the gravity of the offense. In cases where both imprisonment and fine are awarded, default in payment of the fine may result in additional imprisonment, supplemental to the original sentence. However, this additional term cannot exceed one-fourth of the maximum period stipulated for the offense.
Further, if only a fine or community service is prescribed, failure to pay or fulfil these obligations results in additional simple imprisonment, determined by the amount owed: up to two months for fines below ₹5,000, four months for fines between ₹5,000 and ₹10,000, and a maximum of one year for fines exceeding ₹10,000. Notably, additional imprisonment for fine defaults must be simple, not rigorous.
Additionally, it is provided that such additional imprisonment may be terminated upon payment of the outstanding fine proportional to time already served. The fine may be levied any time within six years from the date of sentence, and upon the offender’s death, the liability passes to their estate for recovery.