need punishment notes

As per your query, let me brief you about punishment 

Punishment is retribution on the offender to the suffering in person or property, which is inflicted, by the offender. Punishment is the way through which an offender can be stopped from doing offenses against a person, property, and government.

Under the Indian Penal Code, the sentencing policy is measured on the following factors:

• The gravity of the violation;
• The seriousness of the crime; and
• Its general effect upon public tranquillity.

Section 53 of IPC, deals with different types of punishments, which can be given by the Criminal Courts if the person is held liable under the Code.

There are five types of punishments prescribed under Section 53 of the Code:

1. Death- Punishment of death is also known as capital punishment. Under this punishment, a person is hanged till he dies. This punishment is sanctioned by the government and ordered by the court. It is provided only in the rarest of rare cases. This punishment is provided only for serious offenses. A death sentence is the highest punishment awarded under IPC, and it has always been a controversial subject. Arguments are made both in favor and against the retention of the capital sentence as a form of punishment. The death penalty under the Indian Penal Code is given in sections 115, 118, 121, 132, 194, 302, 305, 303, 396, 364A and 376A.

2. Imprisonment for life- The words “imprisonment for life” was substituted for “transportation for life” by Act XXVI of 1955.

In this type of punishment, an accused convicted of a crime have to remain in prison until he is alive or until pardoned or otherwise commuted to a fixed period.

In its natural meaning imprisonment for life means imprisonment for the whole of the remaining term of the convicted person’s natural life. As per section 57 of the Code, the period for life imprisonment is 20 years only for calculating purposes. Imprisonment for life can never be simple imprisonment; it is always rigorous imprisonment.

3. Imprisonment- Imprisonment means taking away a person’s freedom and putting him in prison. According to section 53 of the IPC, there are two kinds of imprisonment:

1. Simple Imprisonment: It is the type of imprisonment where an accused convicted of a crime is kept in prison without any hard labor. They are required to do only light duties. The punishment of simple imprisonment is awarded only for lighter offenses such as defamation.
2. Rigorous Imprisonment: It is the type of imprisonment under which a prisoner or an accused convicted for a crime is kept in prison, and they have to do hard labor such as agriculture, carpentry, drawing water, etc. Rigorous imprisonment is obligatory for the offenses given under the following two sections (no alternative for simple imprisonment is available).
   1. Section 194, IPC: Giving or fabricating false evidence with intent to procure conviction of a capital offense.
   2. Section 449, IPC: House-trespass to commit an offense punishable with death.

4. Forfeiture of property- Forfeiture implies the loss of property of the accused. Under this punishment, the State seizes the property of a criminal. It is the result of the wrong or default caused by the person. The property forfeited may be movable or immovable. Forfeiture of property as punishment is provided for the offenses given under section 126 (committing depredation on territories of Power at peace with the Government of India) and section 127 (Receiving property taken by war or depredation mentioned in sections 125 and 126).

5. Fine- The court may punish the fine as sole imprisonment or as an alternative for imprisonment or in addition to imprisonment. It depends upon the court to decide whether either imprisonment or fine or both are to be awarded in a particular case. According to section 64 of IPC, if a person fails to give a fine, the court may order imprisonment.

Hope it helps,

Regards,

Srishti