This article has been written by Mr. Vivek Toppo, a 3rd year BALLB student of National Law University Odisha. 

Table of Cases:-

1. Palaniappa Gounder v. State of Tamil Nadu
2. Raju Tiwari v. State of Chhattisgarh
3. Bachan Singh v. State of Punjab
4. Jagmohan Singh v. State of Uttar Pradesh
5. Sangeet & Anr. v. State of Haryana

Table of Statutes:-

The Indian Penal Code, 1860.

Introduction:

Punishment is a legal sanction given to a person who has committed a crime. The purpose of punishment is to ensure that the offender is held accountable for their actions and to deter others from committing similar crimes. There are several types of punishments under criminal law, each with its own purpose and severity. As a result, there are many different sorts of penalties, including deterrent, rehabilitative, restorative, and retributive ones. 

Punishments under criminal law:-

Under the Indian penal Code, 1803 Section 53 deals with different types of punishments which can be declared by the criminal courts, if any person is held liable.

According to section 53 of the code there are five types of punishments:-

1. Death ;
2. Imprisonment for life;
3. Imprisonment: Simple imprisonment or rigorous imprisonment.
4.  Forfeiture of property;
5. Fine;

• Imprisonment – Imprisonment is the most common form of punishment for a criminal offense. It involves confining the offender to a prison or jail for a specific period of time, depending on the severity of the crime. The purpose of imprisonment is to prevent the offender from committing more crimes and to deter others from committing similar offenses.

Captivity or placing someone in prison are the two main definitions of incarceration. There are two types of imprisonment allowed by Section 53 of the IPC. One is straightforward, the other is exacting. The competent court has discretion to determine the type of sentence under Section 60 of the IPC.

It can be of different kinds, such as:

Full or partial rigour; 

full or partial simplicity; any term to be rigour and the rest simple; 

Full or partial rigour; 

Fines – Fines are monetary penalties imposed on an offender as punishment for their crime. The amount of the fine varies depending on the nature of the offense and the financial position of the offender. The purpose of fines is to punish the offender financially and deter them from committing similar offenses in the future. 

The Apex Court ruled in the case of Palaniappa Gounder v. State of Tamil Nadu , that the court’s sentence, including any fine imposed, must be appropriate to the nature of the offense. Additionally, the punishment won’t be overly harsh.

The Chhattisgarh High Court ruled in the case of Raju Tiwari v. State of Chhattisgarh, that the court cannot order the collection of money under Section 421 of the CrPC where the offender has already served time for non-payment.

• Forfeiture of property: In General terms, forfeiture refers to the loss of property without any form of payment as the result of a person’s breach of a contractual commitment or failure to pay a fine for unlawful behavior.

The forfeiture of the property has been eliminated in two provisions:

For violating territories of Power that are at peace with the Government of India.  

Receiving property taken during war or depredation stated. 

• Capital Punishment – Capital punishment, also known as the death penalty, is the most severe form of punishment under criminal law. It involves executing an offender for a serious crime such as murder. The purpose of capital punishment is to deter others from committing similar offenses and to ensure that the offender is held accountable for their actions.

The issue of the death penalty has long been contentious. The legality of the death penalty in comparison to fundamental rights frequently came up for discussion while maintaining the Constitution as the highest law. The death penalty is, however, rarely imposed by Indian criminal courts.

The Supreme Court ruled in the case of  Bachan Singh v. State of Punjab ,that only the “rarest of the rare” cases should result in the death penalty. Therefore neither the  Supreme Court nor the legislature, defines what the “rarest of the rare cases” are. 

In contrary to the aforementioned case, 

The Supreme Court held in the case of Jagmohan Singh v. State of Uttar Pradesh , that the method to applying the death penalty should be balanced on the crime’s aggravating and mitigating circumstances. However, this strategy was for the first time questioned in the case of Bachan Singh because of changes made to the Cr.P.C. According to the modification to the Criminal Procedure Code, a murderer will receive a life term as punishment. Following careful analysis of the amendment, the Court ruled that only exceptional circumstances should warrant the use of the death penalty.  

However, the court pointed out that the strategy outlined in Bachan Singh’s case is not entirely followed in the case of Sangeet & Anr. v. State of Haryana. The offence is still given priority in courts, not the circumstances around the offender. In deciding on the punishment, the relative importance of mitigating and aggravating circumstances has been somewhat diminished.

The following provisions are those under which the death penalty is imposed as punishment under the IPC:

• Section 115 – Aiding and abetting an offence punishable by death or life in prison (if the offence is not actually committed); Section 118 – Covering up an intent to commit an offence punishable by death or life in prison.

When an armed uprising (waging war, aiding in the making of war, or attempting to make war) is made against the legally and constitutionally established government;

• Section 132 : Rebellion, aiding and abetting the creation of a mutinous group inside the armed forces of the country;
• Sections 194 and 302 deal with murdering another person with the intent to execute an innocent person using fabricated evidence.
• Section 305: Abetting a mentally ill or young person to commit suicide; 
• Section 305 deals with encouraging a mentally ill or young person to commit suicide, while Section 303 deals with a life sentence for killing someone else.
• Section 396: Murder and dacoity
• Section 364A: deals with kidnapping  

Conclusion:

In conclusion, the types of punishments under criminal law vary in severity and purpose. Imprisonment, fines, imprisonment for life, forfeiture of property and capital punishment are some of the most common forms of punishment. The purpose of punishment is to hold offenders accountable for their actions and deter others from committing similar crimes.