Types of Punishments that can be awarded by the Trial courts in India
Types of Punishments that can be awarded by the Trial courts in India

Types of Punishments that can be awarded by the Trial courts in India

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In India, Section 53 of The Indian Penal Code mentions the types of Punishments that can be awarded by the Trial courts, if the accused is convicted and held guilty beyond all reasonable doubts.

53. Punishments.—The punishments to which offenders are liable under the provisions of this Code are—
(First) — Death;
(Secondly) —Imprisonment for life;]
(Thirdly) [***]
(Fourthly) —Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(Fifthly) —Forfeiture of property;
(Sixthly) —Fine.
They are:
  1. Death,
  2. Imprisonment for Life,
  3. Imprisonment - either Rigorous (with Hard Labour) or simple.
  4. Forfeiture of Property,
  5. Fine.
#1: Death: Death Penalty commonly known as Capital Punishment worldwide. In India, it is not so common, many Human Rights Activists in India, raise their voice against death Penalty and are in favor of Total abolition on Death Penalty.

It is pertinent to mention here that, more than 100 countries have already abolished the death penalty for all crimes in law. However, In India Death Penalty is still permitted, but only in Rarest of Rare cases.
The next Question is what are these Rarest of Rare cases. [Read: What are Rarest of Rare cases in India]

#2: Imprisonment for Life: It is general misconception in people's mind that Imprisonment for life in India means Imprisonment for 14 Years or 20 Years, but it is not so.

In India, Imprisonment for life means convict is imprisoned for his entire natural life i.e. till his natural death. There are several offences in which Punishment of Imprisonment for life can be given to the guilty.

However, no Magistrate can give punishment of Imprisonment for life to any offender because the same is beyond its penal power. [Read:  Penal Powers of Various Criminal courts in India]

#3: Rigorous Imprisonment: Rigorous Imprisonment is often interpreted as Hard Labour. However, it is not true that if a convict is sentenced to undergo rigorous imprisonment he will have to break stones or do other work of hard labour.

Though, The term rigorous is not define in the CrPC, IPC or Jail Manuals but as per general practice that are prevailing in Jails the convict if he is sentenced to undergo rigorous imprisonment, he is asked to do some work. It may be gardening, stitching clothes, etc.

#4: Simple Imprisonment: Simple Imprisonment on the other hand, is simple in nature when a convict is not asked to do any work. It is however settled now, even when a person is imprisoned cannot be deprived of his fundamental rights.

#5: Forfeiture of Property: In some cases, especially in economic offences where the victim needs to be compensated. Properties of the accused persons are forfeited.

#6: Fine: Besides Imprisonment, Convicts are normally fined with some amount that is paid by them to the state and if the same is not paid the convicts are directed to undergo imprisonment for some extra period in lieu of the fine amount.

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