KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

KINDS OF PUNISHMENT UNDER IPC

A research proposal submitted in partial fulfilment of the course

Criminal Law- I for obtaining the Degree BBA LLB (Hons.) during the
Academic Year 2019-2020.

Submitted by
RAHUL BARNWAL
Roll No.: 2033
Submitted to
Dr. Fr. Peter Ladis F.
Assistant Professor of Law

September, 2019
Chanakya National Law University
Mithapur Nayaya Nagar, Patna-800001
 KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

DECLARATION

I hereby declare that the project entitled “KINDS OF PUNISHMENT UNDER

IPC” submitted by me at CHANAKYA NATIONAL LAW UNIVERSITY is a record
of bona fide project work carried out by me under the guidance of our mentor Dr.
Fr. Peter Ladis F. I further declare that the work reported in this project has not
been submitted and will not be submitted, either in part or in full, for the award
of any other degree or diploma in this university or in any other university.
----------------

RAHUL BARNWAL
ROLL NO. 2033
3RD SEMESTER
2ND YEAR

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 KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

ACKNOWLEDGEMENT
It is a fact that any research work prepared, compiled or formulated in isolation
is inexplicable to an extent. This research work, although prepared by me, is a
culmination of efforts of a lot of people who remained in veil, who gave their
intense support and helped me in the completion of this project.

Firstly, I am very grateful to my mentor Dr. Fr. Peter Ladis F., without the kind
support and help of whom the completion of this project was a herculean task for
me. She donated her valuable time from her busy schedule to help me to complete
this project. I would like to thank her for her valuable suggestions towards the
making of this project.

I am highly indebted to my parents and friends for their kind co-operation and
encouragement which helped me in completion of this project. I am also thankful
to the library staff of my college which assisted me in acquiring the sources
necessary for the compilation of my project.

Last but not the least, I would like to thank the Almighty who kept me mentally
strong and in good health to concentrate on my project and to complete it in time.

I thank all of them !

RAHUL BARNWAL
ROLL NO. 2033
3RD SEMESTER
2ND YEAR

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 KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

TABLE OF CONTENT

DECLARATION
ACKNOWLEDGEMENT
RESEARCH METHODOLOGY

CHAPTER-1 INTRODUCTION
CHAPTER-2 ORIGIN AND JURISPRUDENCE OF PUNISHMENT
CHAPTER-3 CONDITION OF THE SYSTEM OF PUNISHMENT IN
INDIA
CHAPTER-4 TYPES OF PUNISHMENT UNDER INDIAN PENAL
CODE, 1860
CHAPTER-5 CONCLUSION

BIBLIOGRAPHY

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 KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

CHAPTER-1 INTRODUCTION

WHAT IS PUNISHMENT?

In criminal law, any pain, penalty, suffering, or confinement inflicted upon a person by the
authority of the law and the judgment ad sentence of a court, for some crime or offense
committed by him, or for his omission of a duty enjoined by law. Punishment is the
authoritative imposition of an undesirable or unpleasant outcome upon an individual or group
by law enforcement, in response to behaviour that an authority deems unacceptable or a
violation of some norm. The unpleasant imposition may include a fine, penalty, or confinement,
or be the removal or denial of something pleasant or desirable. The individual may be a person,
or even an animal. The authority may be either a group or a single person, and punishment may
be carried out formally under a system of law or informally in other kinds of social settings
such as within a family. Negative consequences that are not authorised or that are administered
without a breach of rules are not considered to be punishment as defined here. The study and
practice of the punishment of crimes, particularly as it applies to imprisonment, is called
penology, or, often in modern texts, corrections; in this context, the punishment process is
euphemistically called correctional process". Research into punishment often includes similar
research into prevention1.
Fundamental justifications or alternatives to punishment include: retribution, deterrence,
rehabilitation, and incapacitations. The last could include such measures as isolation, in order
to prevent the wrongdoer's having contact with potential victims, or the removal of a hand in
order to make theft more difficult. Of the four justifications, only retribution is part of the
definition of punishment and none of the other justifications is a guaranteed outcome, aside
from obvious exceptions such as an executed man being incapacitated with regard to further
crimes.

11
http://news.oneindia.in/2011/03/08/supreme-court-india-suicide-euthanasia-aid0120.html

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 OBJECTIVE OF THE STUDY

Through the detailed study of the subject matter, the researcher has tried to analyse the
following arguments:

 The foremost objective of this project is to know about the origin of the
punishment
 To know the global view on the jurisprudence of the punishment.
 To know about the Punishment which is already given in IPC

 HYPOTHESIS
The researcher hypotheses that:
1. The punishment under Indian Penal Code, 1860 is wider and cannot be re-
organised. Alternate hypothesis.
2. The punishment under Indian Penal Code, 1860 is wider and can be re-organised

 RESEARCH MTHODOLOGY
In this research doctrinal mode of research has been used. They primarily includes the web,
books, and newspaper articles.

 SOURCE OF THE DATA

1) Primary data –
Enactments, Rules, Regulations, conventions, etc.

2) Secondary data –
Secondary data that is already available and published. Various internet sites,
newspaper, books, magazines, etc were searched in order to find information useful for
completion of this project.

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 LIMITATIONS OF THE STUDY

The researcher being a student doesn’t have the source or access to resources beyond his
capacity. He however, has collected the data from book, internet sites, newspaper, magazines
and interviews. Some of the limitations researcher has faced or is bound to face are:
1. Money: one of the most influential limitation for researcher, for researcher is a student.

2. Time period: the allocated period of time is not sufficient to collect and analyse the data
for more accurate judgement of the subject.

3. Research Area: the provided place for conducting the data collection is very small and the
scope for collection of information is narrow.

 SCOPE OF STUDY
The project covers the topic of Punishment as a concept: what it is and what is its
origin& system followed then & now. The history of punishment given by LewisLyons & also
the concept of punishment under modern jurisprudence given in Manu smriti is also thrown
light upon and the views that shaped the System are also discussed so that the reader is fully
aware of the origin of this concept of punishment. & also the condition of the punishment
system in India is discussed. A short brief of 5 types of punishments given in IPC is also
discussed so that the reader is also aware about the current punishment system of India.

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 KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

CHAPTER-II ORIGIN AND JURISPRUDENCE OF

PUNISHMENT
It is impossible to trace the origin of punishment. It appears to be a well-developed social
institution in the most primitive societies and at the dawn of known history. Much speculation
has been made as to its origin, but in the main rather narrow definitions have tended to justify
special concepts. The following is an example: "Punishment is an evil inflicted upon a
wrongdoer, as a wrongdoer, on behalf, and at the discretion of society in its corporate capacity,
of which he is a permanent, or temporary, member." It would exclude the punishment of
captured enemies and animals. The theory that punishment is the outgrowth of private
vengeance is supported by overwhelming authority. Mac-Dougal defines it as "the binary
compound of anger and positive self-feeling." Let us go to the simplest sources for information.
If I step on my dog accidentally, even though he is ordinarily very friendly, he may bite me.
This, I take it, is an instinctive act, almost reflex in character. It is certainly a defence
mechanism and is, perhaps, akin to punishment. Bees ferociously attack any foreign intruder
and even destroy it. This may be akin to punishment; it is certainly social defence. Whether it
is retaliation or not is difficult to say. Wherever human beings have charge of animals there is
a 'ruthless insistence upon obedience to a conventional conduct pattern. Any variation from the
prescribed conduct is annoying and irritating and results in savage retaliation. In the
government of children, failure to adopt the prescribed mode of conduct annoys and irritates
us and often leads to violent attacks for the purpose of inflicting punishment. 2Here it has been
necessary to pass laws and to organize societies to protect children from the brutality of their
parents and others in the name of punishment.

2.1- THE HISTORY OF PUNISHMENT BY LEWIS LYONS

The early history of punishment begins with Gildamesh, the Samarian King of Uruk, who
reigned around 2700 BC.3 The early Mesopotamian cuVltures were perhaps the first organized
civilizations with permanent residences. The earliest legal code may have been that of Ur-
Nammu, founder of the 3rd dynasty of Ur at about 2050 BC. It is interesting that in these early

2
Fyodor Dostoevsky, Crime and Punishment (English), Random House Publishing Group, 1996 October.
3
Peters, Richard Stanley (1966). Ethics and Education. pp. 267–268. JSTOR 3120772

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documents there was a reference to the power struggle between the temple and the state. In the
Ur-Nammu code there are actually clear statements about if a person does something, what he
will have to pay. Usually it has to do with paying a price in silver Mina. In some later Samarian
records there was actually a death penalty given at a murder trial. In some early documents
“The Laws of Eshunna”, there were different punishments for two social classes, the upper
class and the lower class. The Laws of Eshunna appeared to cover every aspect of civil life
including marriage, divorce, property, loans, inheritance, breach of contract, disputes and
problems with harvest and cattle. Punishments were forms of monetary compensation. There
were, however, some capital offenses. The Code of Hammurabi was written around 1750 BC.
Hammurabi Kingdom was centered in Babylon. Hammurabi erected public buildings,
supervised irrigation and canal building, tax collection and created a postal service. Hammurabi
unified his empire under a single legal code. By this code, the abiding principle was Talio
which had to do for mutilating or mputating the part of the body that had committed a crime.
There were legal rights and judicial procedures available to all in the kingdom. Cases were
compiled and precedent was used as an argument. Still there were slaves and prisoners of war
who did not have equal rights. The slaves, however, were paid a salary and could eventually
purchase their own freedom. Under the Code of Hammurabi the death penalty was awarded for
a vast array of crimes such as thievery, selling or receiving stolen goods, kidnapping, assisting
fugitive slaves and for the sale of drink or even keeping a disorderly tavern. The Code of
Hammurabi was a source of two other Middle Eastern legal traditions; the Biblical Law of the
Hebrews and Sharia, the Law of Islam.
Various kinds of punishments are prescribed for various types of Crimes. Various Punishment
theories are proposed with the various intentions. The variation in the modality of punishment
occur because of the variation of societal reaction to law breaking. General form of
Punishments
The general forms of punishment were:
 Flogging
 Mutilation
 Branding
 Stoning
 Pillory
 Fine / Penalty
 Forfeiture of Property

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 Security Bond
 Banishment
 Penal Servitude
 Simple Imprisonment
 Solitary confinement
 Imprisonment for Life
 Death or Capital punishment


2.2 THE CONCEPT OF PUNISHMENT UNDER MODERN

JURISPRUDENCE (MANU SMIRITI)

The concept of punishment under modern jurisprudence is usually associated within the law of
crimes. In early English Law there was a clear distinction between criminal and civil wrongs.
The earliest reference to the term ‘crime’ may be traced to the14th century. Prior to this it was
only a law of torts. It was in the year 1846 the law of doodads was abolished. Now of course
the law of crimes is well developed and it is an independent branch of law. However, the term
‘crime’ has not been satisfactorily defined. And it is admitted on all hands that it is not possible
to discover a legal dentition of crime but the characteristics of a crime are not in doubt. They
are I ) that it is a harm, brought about by human conduct, which the sovereign power in the
state desires to prevent ( ii ) that among the measures of prevention selected is the threat of
punishment and ( iii ) that legal proceedings of a special kind are employed.

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CHAPTER-III CONDITION OF THE SYSTEM OF

PUNISHMENT IN INDIA (NOW)
Crime and Punishment are two sides of a coin, absolutely inseparable from each other. A crime
automatically results in punishment, but, not so at least in India.
Crime has always been committed in the world and, everywhere there are laws to deal with the
criminal, book him and punish him. However, in spite of stringent punishments, crime
continues to flourish everywhere in the world. This is true to every country of the world but,
the Indian scenario is a little different.
In India also there are detailed laws to deal with criminals of all hues and colours, and of
different magnitudes. The laws do exist in law books but, either they are redundant or irrelevant
to the country.
Here, in India we continue to hear of crime and the connected criminals but, we almost never
hear of any punishment to any of these criminals. Why and how is this situation existing in the
country is a topic to debate and ponder upon.
This situation is true to almost all cases except very exceptional cases like the murder of Gandhi
or Indira Gandhi. Only in such rare cases we see the criminals being punished but what about
the umpteen criminals we hear of daily. We hear of the crime, we hear of the criminal, but we
never get to hear about the punishment meted out to him.
This being the ground reality of crime and punishment in India let us try to analyse how it has
come to this passé. A criminal commits a crime, he seems to be confirmed as the criminal yet,
no law of the land can punish him. What is this mystery about the Indian legal system? This
situation has come to being because of many reasons. This is because in the last few decades
the criminals are being left free with impunity, and, this in turn is because the corruption bug
has bitten all.
There is a very deep corruption ingrained in the Indian system of crime and punishment. If the
criminal has access to any highly placed individual, he is sure to be acquitted. If the criminal
has money power, he himself can purchase a lawyer, and, if he has muscle power, he can get
any lawyer or judge killed. With this much back up support of people who matter, who can
ever reach the punishment due to him.
In this strange scenario, with everyone trying to save himself from the ire of the criminal
obviously succumbs to the fancies of the criminal, and he is left unharmed, once again ready
to commit another crime. This allowance to a criminal has encouraged crime to such an extent
that, now, everyone knows who the criminal is but no one can dare to say or do anything about

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it. This sort of relaxation given to the criminals has given an impetus to crime and now it is
difficult to redeem the situation.
Besides the obvious corruption in the system there is another factor unique about our Indian
legal system, and that is inordinate delays in the hearings of cases and the final judgements.
When a case takes decades to reach any conclusion, it gives enough time to the criminal to
manipulate, purchase and do whatever else is required to be done to save himself. With these
decades long delays even the public becomes less aggressive against the criminal and the case
becomes lukewarm. This goes to the obvious advantage of the criminal.
Thus, in India, laws are just as good as they are anywhere else in the world but, people dealing
with criminals are not like their counterparts around the world.
The cause for this is not just an occurrence but, it is made to occur. The dismal situation exists
because people involved want it to be so. This in turn is because all the parties involved are
getting advantage from the delays. Since all are getting their pound of flesh, no one in the chain
is interested in the finalisation of cases.
This unique situation of the Indian legal system gives an unabated boost to crime and criminals.
When it has become clear that, no one is ever punished for any crime, there is encouragement
for more and more people to enter the arena. If we want to have less crime then, we will, on
the one hand have to have speedy judgement,4 without any favours to people who matter, or
those who occupy high places.
Next what we have to do is to remember that our Constitution gives every citizen equality
before law. This is however only on paper in India. This must become a reality only then, we
will be moving towards justice. In order to reduce crime we must see that punishment is fast
and given justly. This will deter new comers at least from entering into the world of crime.

4
• What Are The Different Kinds Of Punishment PracticedIn Indiaexplained,
Http://Www.Shareyouressays.Com/115857/What-Are-The-Different-Kinds-Of- Punishment-Practiced-In-
Indiaexplained

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 KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860

CHAPTER-IV TYPES OF PUNISHMENT UNDER

INDIAN PENAL CODE 1860
Prescribes five kinds of punishments.
1. Death Penalty
2. Life imprisonment
3. Imprisonment
(a).Rigorous
(b). Simple
4. Forfeiture of property
5. Fine
Six kinds of punishment were described in the original Indian Penal Code. In the year 1949
the third punishment “Penal Servitude” was removed. Now there are five kinds of
punishment under I.P.C.
They are described hereunder.

1. Death:
The punishment of death may be imposed on the following offences:—

a) Waging or attempting to wage war or abetting the waging of war against the
Government of India5
b) Abetment of mutiny actually committed6
c) Giving or fabricating false evidence upon which an innocent person suffers death 5
d) Murder7
e) Punishment for murder by a life-convict – Sec. 303 [This Section was struck down by
the Supreme Court holding that it was unconstitutional, while disposing the case Mithu
v. State of Punjab8
f) Attempt to murder by a person under sentence of imprisonment for life
g) Dacoity with murder9

5
Section 121 I.PC.
6
Sec. 132 of I.P.C.
7
Section 194
8
Section 302
9
AIR 1983 SC 4731

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The Courts have a high range of discretionary powers in passing death sentences. The death
punishment is also called “Capital Punishment
It is the maximum punishment possible to be imposed on a criminal. This punishment occupies
topmost position among the grades of punishments. This punishment can be imposed in
extreme cases and rarely that too in extremely grave crimes.
The capital punishment can be imposed on a criminal who commits a pre-planned and
premeditated murder in cold blood. The offences with sections in which the death penalty can
be imposed are explained above.
(f) Abetment of suicide of a child, an insane or intoxicated person

2. Imprisonment for Life:

Before 1955, the words “transportation for life” was used. The Code of Criminal Procedure
Amendment Act, 1955substituted the words “Imprisonment for life” in place of “transportation
for Life”. The general public thinks that imprisonment for life means only 14 years
imprisonment, and the convict shall be released as soon as the 14 years period is lapsed. It is
wrong Presumption. Actually, the punishment under the Imprisonment for Life means
imprisonment for the whole of the remaining period of the convicted person’s natural life.

The life convict is not entitled to automatic release on completion of fourteen years’
imprisonment, unless on special occasions, the Government may pass an order considering the
good behaviour and conduct of the convict remitting the balance of imprisonment for life.10

3. IMPRISONMENT

The Fourth kind of punishment is “Imprisonment”. It is of two descriptions, viz.—

(i) Rigorous, i.e., with hard labour; and
(ii) Simple.

(i) Rigorous Imprisonment i.e. with Hard Labour:

10
ACT NO. 58 OF 1948

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There are certain offences defined in the Indian Penal Code, for which rigorous imprisonment
may be imposed by the Courts.

In rigorous imprisonment, the convicted person is put to do hard labour such as digging earth,
cutting stones, agriculture, grinding corn, drawing water, carpentry, etc. The Supreme Court
suggested that the offenders imposed hard labour should be paid minimum wages. 11

(ii) Simple imprisonment:

This punishment is imposed for the lighter offences. Examples: public servant unlawfully
engaging in trade or unlawfully buying or bidding for property. To obstruct traffic or cause
public nuisance; eve- teasing, drunken brawls, etc.; refusing oath when duly required to take
oath by a public servant, wrongful restraint, defamation etc.

Solitary Confinement:

This punishment is also part of the Imprisonment. A harsh and hardened convict may be
confined in a separate cell to correct his conduct. He is put separately without intercourse with
other prisoners. All connections are severed with other world.

The object of this punishment is to reform the hardened and habitual offender and in order to
experience him with loneliness. There are certain restrictions in imposing solitary confinement.
They are:—

(a) Solitary confinement should not exceed three months of the whole term of imprisonment.
(B). It cannot be awarded where imprisonment is not part of the substantive sentence.
(c) It cannot be awarded where imprisonment is in lieu of fine.

Enhanced Punishment:

11
Bedau, Hugo Adam And Kelly, Erin, "Punishment", The Stanford Encyclopedia Of Philosophy (Spring 2010
Edition), Edward N. Zalta (Ed.), URL = <Http://Plato.Stanford.Edu/Archives/Spr2010/Entries/Punishment/>.

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According to this Section, whoever, having been convicted by a Court in India, of an offence
punishable, with imprisonment of either description for a term of three years or upwards, shall
be guilty of any offence punishable under either of those Chapters with like imprisonment for
the like term, shall be subject for every such subsequent offence to imprisonment for life, or to
imprisonment of either description for a term which may extend to ten years, explains about
the offences relating to coins and Government Stamps.12

4. Forfeiture of Property:

“Forfeiture” is the divestiture of specific property without compensation in consequence of

some default or act of forbidden by law. The Courts may order for forfeiture of property of the
accused in certain Occasions. In cases of smugglers, goondas, anti-national personalities, etc.,
the Government or the Courts are empowered to forfeiture of property of such anti-social
elements.

5. Fine:

The Courts may impose fine along with or without imprisonment. The Indian Penal Code
mentions the punishment of fine for several offences, generally with or without imprisonment.

12
• Kinds of Punishments,Http://Www.Lawnotes.In/Kinds_Of_Punishments

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CHAPTER-V CONCLUSION
These topics introducing punishment have been discussed here, and many philosophers
continue to discuss them and offer various answers to the questions that are raised related to
the origin& the system of punishment, &how it has evolved. However, the topics discussed
here are not the only ones, there are many, including the role of the imprisonment of offenders,
and the cultural and historical context of punishment.

Fundamental justifications or alternatives to punishment include: retribution, deterrence,

rehabilitation, and incapacitations. The last could include such measures as isolation, in order
to prevent the wrongdoer's having contact with potential victims, or the removal of a hand in
order to make theft more difficult. Of the four justifications, only retribution is part of the
definition of punishment and none of the other justifications is a guaranteed outcome, aside
from obvious exceptions such as an executed man being incapacitated with regard to further
crimes.

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BIBLIOGRAPHY

BOOKS:
 Dr. J. N. Pandey, The Constitutional Law of India 49th Edition
 Criminology, Penology & Victimology Paperback – 2013 by Dr. Deipa
Singh Advocate
 Handbook On Offences And Punishments Hardcover – 2015 by M.A.
Rashid
 Indian penal code by Ratanlal and dhirajlal

WEBSITES
 http://indianjournals.com/ijor.aspx?target=ijor:jiafm&volume=27&issue
=2&article=010
 https://timesofindia.indiatimes.com/
 https://www.lawnotes.in/Kinds_of_Punishments
 https://www.srdlawnotes.com/2017/04/punishments-under-indian-penal-
code1860.html

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