Imprisonment
Also called: Rigorous imprisonment, Simple imprisonment, Imprisonment of either description
Confinement in prison as punishment. Section 4(c) of the BNS recognises two descriptions, rigorous (with hard labour) and simple; imprisonment for life is listed separately in Section 4(b).
Explained
Section 4 of the BNS (earlier Section 53 of the IPC) lists the punishments: death, imprisonment for life, imprisonment, forfeiture of property, fine and community service, the last being new. Under Section 4(c), imprisonment is of two descriptions: rigorous, that is with hard labour, and simple. Where an offence is punishable with imprisonment of either description, Section 7 lets the court direct that it be wholly rigorous, wholly simple, or partly rigorous and partly simple. Section 3(27) of the General Clauses Act, 1897 gives imprisonment the same meaning in Central Acts, defining it as imprisonment of either description as defined in the Indian Penal Code.
Imprisonment for life is a distinct punishment. In Union of India v. V. Sriharan (2015) the Constitution Bench held that it means imprisonment for the rest of the convict's life, subject to remission and commutation. Section 6 of the BNS reckons life imprisonment as twenty years only for calculating fractions of terms. Several BNS provisions, such as Section 64(2), expressly say that life imprisonment shall mean imprisonment for the remainder of that person's natural life, and Section 475 of the BNSS bars release before fourteen years in specified cases.
The BNS also regulates incidents of imprisonment. Under Section 8, imprisonment in default of fine cannot exceed one fourth of the maximum term fixed for the offence where the offence is punishable with imprisonment as well as fine, and it runs in excess of any other imprisonment. Under Section 11, a court awarding rigorous imprisonment may order solitary confinement not exceeding three months in the whole, and Section 12 limits it to fourteen days at a time.
Examiners test the six punishments in Section 4, the meaning of life imprisonment, the twenty year rule in Section 6, default imprisonment limits and the sentencing powers of Magistrates under Section 23 of the BNSS: up to seven years for a Chief Judicial Magistrate, three years for a Magistrate of the first class and one year for a Magistrate of the second class.
What the law says
(b) Imprisonment for life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
Lists punishments; imprisonment of two descriptions, rigorous and simple
Earlier law: IPC 53. Punishments.
In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided.
Life imprisonment reckoned as twenty years for fractions of terms
Earlier law: IPC 57. Fractions of terms of punishment.
(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;
(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine,
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
Imprisonment in default of fine and its limits
Earlier law: IPC 63. Amount of fine; 64. Sentence of imprisonment for non-payment of fine.; 65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.; 66. Description of imprisonment for non-payment of fine.; 67. Imprisonment for non-payment of fine, when offence punishable with fine only.; 68. Imprisonment to terminate on payment of fine.; 69. Termination of imprisonment on payment of proportional part of fine.; 70. Fine leviable within six years, of during imprisonment. Death not to discharge property from liability.
Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely: —
(a) a time not exceeding one month if the term of imprisonment shall not exceed six months;
(b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;
Solitary confinement during rigorous imprisonment
Earlier law: IPC 73. Solitary confinement.
Section 3, General Clauses Act
(27) “imprisonment” shall mean imprisonment of either description as defined in the Indian Penal Code (45 of 1860);
Clause (27) defines imprisonment for Central Acts
(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
Terms of imprisonment Magistrates may impose
Earlier law: CRPC 29. Sentences which Magistrates may pass.
Example
For example, if an offence is punishable with imprisonment up to two years and fine, and the court imposes a fine, the term in default of payment cannot exceed six months, being one fourth of the two year maximum under Section 8(3) of the BNS.
For the exam
- Section 4(c) BNS: rigorous (hard labour) or simple imprisonment; earlier Section 53 IPC.
- Life imprisonment means the rest of natural life (V. Sriharan, 2015), subject to remission.
- Life counts as 20 years only for calculating fractions of terms (Section 6 BNS).
- Default imprisonment: at most one fourth of the maximum term where fine is also prescribed (Section 8(3)).
- Solitary confinement: total cap three months, at most 14 days at a time (Sections 11 and 12).
2,963 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- Community serviceUnpaid work that a Court orders a convict to perform, as a form of punishment that benefits the community. It is a new punishment under Section 4(f) of the BNS.
- Petty offenceFor Section 229 of the BNSS, an offence punishable only with fine not exceeding five thousand rupees, other than Motor Vehicles Act offences and offences under laws allowing conviction in absence on a guilty plea.
- Warrant-caseA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(1)(z) of the BNSS.
- Summons-caseA case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
Further reading
Checked 12 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.