kinds of punishment in ipc
Rigorous Impisonment means imprisonment with hard labour.In Rigorous imprisonment the offender does works such as grinding corn ,digging earth,drawing water ,cutting fire-wood etc. November 24, 2020 by Law Corner. Section 362 of IPC defines Abduction. 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. There are five different kinds of punishments awarded by the Indian Penal Code, 1860 under Section 53, and they are Death, Life imprisonment, Simple or rigorous imprisonment, Fine and Forfeiture of property. The owner or occupier of the land upon which an unlawful assembly or riot has taken places if he does not give the earliest notice at the nearest police station (Section 154). In ordinary belief imprisonment for life means for whole life but it is not so in India. Indian Penal Code seems to measure the gravity of the violation by the seriousness of the crime and its general effect upon public tranquillity. Section 61 and 62 of the Indian Penal Code dealing with such forfeiture are repealed by Act XVI of 1921. In Indian Criminal Law punishment is granted according to the gravity of offence while taking in consideration the mitigating factors i.e. Indian Penal Code, 1860 (IPC) states five types of punishments. Whereas section 405 defines Criminal Breach of Trust, section 406 provides punishment of offence defining u/s 405 and section 407-409 sets when some specific people and their punishment commit the wrong of breach of trust. The punishment of absolute forfeiture of property of all property of the offenders is now abolished. Indeterminate sentence 6. Absconding to avoid service of summons or other proceedings or not attending to obedience to an order from a public servant (Sections 172-174). As a peacemaker the lawyer has a superior opportunity of being a good man. Discourage litigation. It begins by considering the four most common theories of punishment: retribution, deterrence, rehabilitation, and incapacitation. The most ruthless punishment prescribed in the IPC is death sentence. In order to understand them, first, we need to understand the theories of the punishment. Punishment. The sentence of imprisonment for life is provided for about 50 offences under the code. There are different kinds of punishment that a person can face. THE DETERRENT THEORY OF PUNISHMENT. Death2. But in general the division is provided under Section 53 of IPC. Imprisonment for life ordinarily connotes imprisonment for the whole of the remaining period of the convicted persons natural life. The graver the offence, the stricter the punishment. Easy Procedure for Court Marriage in India Under Special Marriage Act 1954, 100+ Famous Legal Law Terms: Definition and Meaning, What is Private Limited Company- Definition, Features, Types & Limitations, Thirdly- Repealed*(omitted by act 17 of 1949), Fourthly- Imprisonment which is of two types, 1)Rigorous, that is, with hard labor and 2)Simple. By this amendment act, our legislators introduced some new sections and make some amendments in Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and Protection of children from sexual offences act. The court, however, should not arbitrarily inflict a fine which is impossible or extremely difficult for the accused to pay or which is wholly disproportionate to the nature or character of the offence. This theory has been criticized because of its harsh, severe and inhuman punishments. Law > Indian Penal Code > Section 53 Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution. 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. Death punishment • Death penalty, also known as the, Capital punishment is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime. There will still be business enough. Imprisonment is the word which means taking away the freedom of prisoners when they are punished by a court of law. 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. ... Indian Penal Code (IPC) The punishments to which offenders are liable under the provisions of this Code are-First – Death; Secondly – Imprisonment for life; Thirdly [Omitted by Act 17 of 1949] Fourthly – Imprisonment, which is of two descriptions, namely- They are as follows: Death penalty, imprisonment for life, imprisonment, forfeiture of property and fine. Searched Keywords: punishment ipc 53; section 53a ipc explanation; ipc 53 in hindi; section 53 ipc; ipc punishment list; types of punishment 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. Its object being primarily to deprive the offender of his liberty which is the most serious damage which can be caused to a human being, next to deprivation of life by death sentence. There are various offences mentioned in the code which are punishable with simple imprisonment only. CONCEPT OF PUNISHMENT Punishment, according to the dictionary, involves the infliction of pain or forfeiture, it is the infliction of a penalty, the purpose of punishment is to cause physical pain to the wrong-doer, it serves little purpose. Thus, it literally means a forcible seizure and that is the essential characteristic feature of the offence. This punishment has been retained in the I.P.C. INTRODUCTION This article deals with the terms “force”, “criminal force” and “assault” in Indian Penal Code 1860. Forfeiture of the whole of the property of the criminal is not possible according to the present Law. 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 progressies who argue that judicial taking of life is nothing else but court mandated murder. The property so received is liable to forfeiture (Section 125 and 127). The five kinds of punishment are: Death: Death penalty or capital punishment is the most serious nature of punishment. Capital punishment 2. The punishments to which offenders are liable under the provisions of IPC are; 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. 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; 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. But both Magna Carta and the Bill of Rights contain provisions prohibiting excess and unreasonable fines and assessment. Thirdly- Repealed* (omitted by act 17 of 1949) Fourthly- … In the year 1949 the third punishment “Penal Servitude” was removed. We do not take full responsibility for the accuracy of the information given here as the law changes from time to time, so the readers are requested to independently research it before taking any legal decision. (S. 118-120 of IPC). There are five different kinds of punishments awarded by the Indian Penal Code, 1860 under Section 53. where depredation is committed on territories of any power at peace with the government of India, such property as is used or intended to be used in committing such degradation is liable to forfeiture in addition to the sentence of imprisonment and fine (Section 126). Free Download IPC Bare Act 1860 PDF eBook. Corporal punishment 3. All that results in some sort of social debasement of the convict in his own eyes : Equally damaging effect is inflicted on family relationship. Fine is derived from the Latin word ‘finis’ and is so-called because its payment puts an end to the offence for which it is imposed. Bill of 1972. 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. Simple imprisonment. Punishment under IPC Punishment is a procedure by which the state causes some torment to the people or property of individual who is discovered blameworthy of Crime. Death. Conclusion Thus, this punishment helps to bring society with a better criminal system and provides justice. Attention then turns to physical punishments, with an emphasis on the death penalty, and removal of an offender from a territory through banishment. The Indian Penal Code provides the punishment of forfeiture of specific property for offences under sections 126, 127, 169 and 263-A of the Code. (Ch.III) refer to graded system of punishments 1. CHAPTER III, Section 53-75 of INDIAN PENAL CODE (IPC) – OF PUNISHMENTS 53. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceedings (Section 341). That’s the only way we can improve. If the imprisonment is punishable with rigorous imprisonment the additional term of imprisonment in default of fine must be rigorous. If a person knowing of a design to commit a crime and intending to facilitate the commission thereof voluntarily conceals such a design, he is liable to punishment. However the offender is not automatically released on completion of his sentence unless the government passes an order ending his sentence. prescribes only the sentence of fine in the following cases : Section 63 states ‘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’. 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 … The … Thus, it literally means a forcible seizure and that is the essential characteristic feature of the offence. They are very frequently imposed in relation to property crime and the embezzlement, fraud, theft, violations of lottery and gambling laws and minor offences like loitering and disorderly conduct.