CHAPTER - 4

FORMS OF PUNISHMENT

"Although some societies still use ancient forms of harsh physical

punishments have also evolved along with
punishment,
civilization and become less cruel. Punishments range in severity
depending on the crime, with the most severe forms applied to
individuals who commit the most serious crimes."
There are different forms of punishments and it transforms with the
changing of times in every society. The methods of executing sentence aree
also changed and supporting human rights. In the past we have seen that
death sentence was executed for a small cause but now death sentence can be
of the various
given in 'rarest of the r a r e case'. This chapter has a study
forms of punishment in the past vogue, principal forms of punishment under
IPC and punishments under special laws in India.

(1) Punishments in the past vogue:

The history of the punishment states that during the past, most of the
countries were treatingapunishment as 'a barbaric and cruel form, with the

object of deterrent and retributive. punishment was barbaric

It is correct that
and cruel but on the other hand you can't deny that, during that time crimes
were less in numbers and type. Some of
the credit of less i n numbers and
and cruel form of punishment but
types of crimes c a n be given to the barbaric
you cannot give whole credit to it. The history of early penal
system of most
cruel and barbaric
countries reveals that punishments, which were tortuous,
in the nature. They can be described as follows

(a) Capital Punishment:

Ancient Hebrew law
It was recognised by ancient legal systems also.
and sexuaB offences
prescribed death for homicide and for some religious
including bearing false witness, kidnapping, sexual immorality, witchcraft,
generally regarded homicide,
dolatry, blasphemy and sacrilege. Greek lawRoman law recognised death
treason and sacrilege as capital offences. lesser capital
penalty but regarded hard labour and banishment
In
punishments, as banishment involved serious loss of civil status. Under
republican times death was mainly imposed for asmilitary crimes.)
the for a wider
penalty
dominate and the empire, it becomes more common

range of offences.
Execution
is death. of
The most extreme form of punishment was and of execution have
Methods
an offender is known a s capital punishment. of pain before giving him
Varied over time. Ancient Roman was giving a lot the public and
death sentence. The offender w a s given death sentence among
father, was kept with
used as a deterrent force. The offender murdered hisThe Jews and Unanies
aog, cat or snakes in a bag and thrown into a river.

(49)
 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA
50

were executing death sentence by taking out the skin of the offenders. Du
Ancient Philistine the death sentence was executed either puttíno 3
offender the pin-point of an instrument (like, Bhala) and was thrown in
so that instrument goes inside the body of the offender or by throwing air
the

stones the head of the offender.

on
offender was put into a ditch and Wa
In Germany and Australia, the was
his head was kept outside the earth and w.
covered up to neck with mud, Was
hinted by the wheels of the vehicle and his eyes were toned by the hot rod nt
iron.
In the history of England, the name of Henry VII and his daughter
Elizabeth was famous for giving the hard punishment. During the period of
offences) were given death
Henry VIII, 72,000 criminals (for small or big
sentence and he was executing the death sentence by bowling the offender
And his daughter had taken one step further in cruelty and executed by
cutting into pieces.
ancient times. The Old
Capital punishment has been used since
Testament of the Bible prescribes death as the punishment for over 30
a common form of
crimes. The Romans executed Jesus Christ by crucifixion,
capital punishmentbetween the 6th century BC and the 4th century AD. In
England in the 19th century, than 200 crimes were punishable by
more

death. Electric Chair Execution is an ancient practice and one of the earliest
of execution of
forms of eriminal punishment. Some popular forms
punishment may be described as follows
i) Stoning: Stoning the criminal to death is also known to have
been in practice during the medieval period. This mode of
of the Islamic
sentencing the offender is still in vogue in some
etc. The
countries, particularly in Afghanistan, Saudi-Arabia,
offenders involved in sex crimes are generally punished by
a small
stoning to death. The guilty person is made to stand in
trench dug in the ground and people surround him from all sides
and pelt stones on him until he dies. Though it is a punishment
barbaric in nature, but due to its deterrent effect, the sex crimes,
especially crimes against woman are well under control in these
countries.
(ii) yet another form of cruel and barbarie
Pillory: Pillory was
punishment which was in practice till 19th century. The
criminal was made to stand in public place with his head and
hands locked in an iron frame so that he could not move his
body. The offender could also be whipped or branded while
pillory, he could be stoned if his offence was of a serious nature.
Some time the ears of the criminals were nailed to the beams o
pillory. Restraining physical movements of the criminal had the
most agonizing effect on him and it was believed that the
deterrence involved in this mode of punishment would sure
bring the offender to book. (The system of pillory existed slign
in different form during the Mughal ruler in India. Hardeneu
criminals and dangerous offenders were nailed in walls and sho
 FORMS OF PUNISHMENT
51
or stoned to death. The
and brutal in form punishment undoubtedly was more cruel
and, therefore, it has no
penal system. Hanging condemned place
in modern
place was the common mode prisoner to death in a
public
of
of the world until the middle of pillory punishment in most
parts
the 20th century.
iii) Construct into wall : In
capital punishment was
some
Kingdoms, the execution of
very cruel, they constructed the
offender into the wall. It was the most cruel, brutal,
inhuman being and most painful form of totally
sentence. A movie like Neel-Kamal also executing death
states this kind of
punishment.
(iv) Throw under the leg of
elephant
history, we find the period in which
: During ancient
the death sentence was
executed by throwing the offender under the
Such elephant was made intoxicated before
legs of elephant.
putting the offender
under his legs. The movie like Bagawat' (Hindi) states such
kinds of punishment.

(b) Corporeal punishment:

Throughout history, societies have used corporal punishments toinflict
physical pain on wrongdoers. Tribal societies find these punishments
particularly appealing, since they are immediate and direct,) and often
debilitating. Such societies often lack the facilities to confine offenders, and
corporeal punishment offers a more direct application of penalties for
violating community rules. Many people believe that corporeal punishments,
which graphically demonstrate the consequences of crime, help deter future
wrong-doing. Harsh physical punishment also satisfies the goal of retribution
(revenge).
Governimental and religious authorities also used many forms of
corporeal punishment, often to torture persons into confessing to a crime)
Roman
or

neresy (unorthodox religious belief). During the 13th century the

atholic Church established the Inquisition, a judicial institutioncharged
used by
n finding, trying, and punishing heretics. Forms of torture
known as the
nguisitors included flogging, boiling, and stretching on a device
was forced to lie on a long
Aperson who underwent the rack torture at
mechanisms opposite
rd. After the person's hands and feet were tied was
to
increased in opposite
s of the Frequently
board, pressure on the mechanisms
rections. the person's arms and legs would pop from their
in
resulted
etS This painful torture was sometimes fatal and commonly in the
kinds of punishment given
n e n t physical injuries. The main
anclent times may be deseribed as follows
the most common method of
(i) Flogging: The flogging was This form of
the criminal as a corporeal punishment.
punishing the codified laws in
India. This
punishment w a s before and after
recognised under the Whipping Act,
mode of punishment was
Act in 1909
similar
L864, which was repealed and replaced by in most
is being used
abolishedin 1955. The flogging
and finally
 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA
52

of the Middle East countries even today.

The instrument and method of flogging however differed fro
country to country. Some of them used straps and whips witha
single lesh while others used short pieces of rubber-hose as f
left behind traces of flogging. It has now been discontinued bei
barbarous and cruel in form. Penologist researches have sseen
whipping as a method of punishment has hardly prove
effective.
(ii) Mutilation: The mode of punishment commonly used in
practice in ancient India during Hindu period. One or both of the
hands of the person who committed theft were chopped off, if he
indulged in sex crimes his private part was cut off, if he
criticised the God or tells lie - his tongue was cut off, and if
criminal is deceitful or untrustworthy his ears were cut-off.
The system was in_practice in England, Denmark and many
other European countries as well. This system however stands
completely discarded in modern times becauseof its barbaric
nature.
iii) Branding: This word means the "searing of flesh with a hot
iron". In this mode of punishment the prisoner was branded by
hot iron rod
on forehead of the offender, the words were
used
according to the offence committed. As a mode of the
punishment branding of prisoners was commonly used in
oriental and classical societies. Roman penal law
mode of punishment and criminals
supported this
were branded with
appropriate mark on the forehead, so that they could be
identified and subjected to public ridicule.) This acts as forceful
weapon to compact criminality. England also branded its
criminals till 1829 when it was finally abolished. The colonists
who settled North America used such
type of corporal
punishment, on the persons convicted of adultery (having sexual
relations with someone other than one's spouse) were sometimes
branded with the letter 'A' on their faces or foreheads.
(iv) Ducking Stool: This is
used in England and one kind of corporeal punishment
North American colonies. In this
punishment, an offender was tied to a chair at the end of a
pole and lowered, time and again into a lake or river and l0ng
drowned. English woodeut shows in 17th nearly
about century townspeople
to immerse a woman, whom they have strapped on a
ducking stool. (Women accused of being rebels, witches,
prostitutes received this punishment. The colonists who or
North America used several settlea
types of corporal
including the use of the ducking stool. punishmen
(v Bilboes : It is the mode
of
offender were tied at both the punishment
in which,
legs ot
ends of iron rods and was
on the roof, hangeu
due to which he cannot move.
(vi) Rack (pulling after
tiding the hands and legs) :
 FORMS OF PUNISHMENT
53
this form of punishment the hands
and
tied and were full, sometimes in legs
of the offender were
opposite directions and
sometimes by the elephant or horse in the same direction,
in this
process he suffers more pain and sometimes his portions also
serves.

(vii) Tied the offender on roaming wheel { In this mode the

offender was tied with a wheel and that wheel
moved in the
speed for sometimes. In this process the offender was suffering a
lot of pain.
(viii) Pressured by iron rods : In this mode the body of the
offender was pressured by the two iron rods in inhuman
manner, by which the offender suffers lot of
pain.
(ix) Imprisonment : The imprisonment of nowadays differs from
that kind of imprisonment. If we saw the
where the Ravana had confined the Sita, and
period of Ramayana,
during the period
of Mahabharata, the Kansa had imprisoned Vasudev, Devki and
his own father into the prison. Some kingdom was giving
imprisonment by tiding the offender with iron instrument, just
like animals, or put the offenders into the small well after
tiding
his hands and legs, or closed the offender into darken and small
room, etc.
In ancient period, the prisoner was nottreated as a person but treated
as a property. The prisoners were sold and treated as the king wished.
Prisoners were not having any right. The corporeal punishments adopted by
almost all the countries were inhuman and cruel. But, during the late of 18th
century most of these corporeal punishments were discontinued in favour of
more humane methods,such as incarceration. In India flogging was till 1955,
it was recognised even though by the Indian Peñal code. But after the 1950
almost all the countries abolished the corporeal punishment which were
inhuman in nature and ratified the Universal Declaration of Human Rights,
1948.

(c) Social punishment:

i) Banishment: The term transportation, banishment, exile and
outlaw though similar, have different connotations. The practice
of transporting undesirable criminals to far off places with a
view to eliminating them from society has been commonly used
n most of the world for centuries,
Some societies certain undesirable individuals, such as
punish with
criminals and political and religious dissidents,
banishment was a
banishment or exile. In ancient times
common form of punishment, and it often amounted to capital
shelter
punishment because authorities banished. Thefood
would deny and
to those Old Testament
within a certain distance
the Bible contains the story of Adam and Eve, who were
of disobedience to God.
banished from the Garden of Eden for their
officials in various Chinese
During the 18th and 19th centuries,
54 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA

rovinces used banishment as a punishment. It ranked ser

only to death as the most serious punishment imposed. Chi
and other countries also used banishment as a means to colo
regions. For example, from 1788 to 1868 England banished mo
more
than 160,000 prisoners to Australia or Africa to work in labo
our
colonies they established.
Banishment has also been used in modern times. In 1993, fo
for
example, tribal officials banished two teenaged members of the
Tlingit tribe of Native Americans as punishment for a robbey
The offenders were sent from their home in Everet,
Washington, to a desolate island off Alaska to live in isolation
for several months.
In India, the practice of transportation is known to have existed
n penal system of British India as well. It was popularly known
as "Kala-pani". Dangerous criminals were dispatched to remote
island of Andaman and Nikobar. It had a psychological effect on
Indians because going beyond the seas was looked with
disfavour from the point of view of religion and resulted in out.
casting of person who crossed the seas. The practice came to an
end during early forties after these islands came in occupation of
Japanese. It was finally abolished in 1955 and replaced by the
"imprisonmentfor life.)
Roman law recognised death penalty but regarded hard labour
and banishment lesser capital punishments, as banishment
involved serious loss of civil status.
i) Social Boycott : In ancient period but before the British
Ruler, the Nyaya Panchayat in India was in full form. These
panchayats were giving the punishment of social boycott to the
offender. In this form of punishment, no person of the village
will share him for hukka-pani. It means the offender is degraded
from the caste and the entire caste people are prohibited to
share him Hukka (smoking instrument), water, and auspicious
occasion of happiness. Here we want to mention that hukka was
s0
respected, that if you are unable to offer the hukka to the
guest, coming at your door, then it will be criticised in the
society, but if you are not offering food or milk (tea) it will not be
criticised.
(d) Financial punishment (Fine):
The imposition
of fine was common mode of
which were not
punishment for offencesof
ofserious nature and specially those involving
a
traffic rules or revenue laws. This mode of
branch
punishment is being extensivey
used in almost all the sentencing systems of world even today. Fines by
of penalty may be used in case of property crimes and minor offences.
format of financial penalty includes payment of the compensation to
victims of the crime and payment of the costs of
prosecution. Finane
penalty may be either in shape of fine or compensation or costs.
 FORMS OF PUNISHMENT
55
(2) Principal forms of punishments in
Although some societies still use the IPC:
ancient forms of
nunishment, punishments have also evolved harsh
hecome less cruel. Punishments along with civilization and physical
range in severity
to individualsdepending
with the most severe forms on the
crime,
applied
serious crimes. In most industrialized who commit the most
are either fines societies, contemporary punishments
terms of incarceration
or

nunishment also seeks to correct unlawful both. Contemporary criminal

or

Dunish wrongdoers. According to section 53 ofbehaviour,

IPC,
rather than simply
the punishments to which
offenders are liable are as follows:
(a) Death sentence,
(b) Imprisonment for life,
(c) Imprisonment -
) Rigorous imprisonment (with hard labour), or
ii) Simple imprisonment,
(d) Forfeiture of property, and
(e) Fine.

(a) Death Sentence (Capital Punishment):

The infliction of death by an authority as a punishment is called
capital punishment. Of all forms of punishment "death sentence" or "capital
modern
punishment" is perhaps the most debated subject among the
"rarest of the cases".
penologist. Nowadays death sentence is awarded in
rare

death sentence is in alternative

According to the IPC, the punishment of Before 1983, it wasin
form. It is not in mandatory form, for any crime.
of IPC (murder committed by the person
mandatory from under section 303 But in 1983, the Hon'ble Supreme
who is undergoing the life imprisonment). Article 21 of the
violative of Article 14 and
Court held that section 303 is there is not
unconstitutional. So, at present
Constitution of India, hence it is form as
death sentence in mandatory
a single offence which prescribed sentence" under ten
provides the "death
constitutional. The IPC death sentence of
described in the chapter of
those are
Circumstances and
this book.
bImprisonment for life: form of punishment
authorised a s a
has been 1956 i n place
of
Imprisonment for life" from 1st Jan.,
substituted n a t u r e of
section 53 of IPC as
Court has
held that the
der The Hon'ble
Supreme imprisonment
only, it is
not

ansportation". is rigorous 1983

"imprisonment
for life" Act,
(Amendment)

Pshment of Criminal
Law Amendment,
the
The But after
simple mprisonment.'

rigorous o r
simple.
life is to be treated
as
that; it may be "imprisonmentfor for lite' w a s
raLes held that
Court has
imprisonment
sentence
DleSupreme The
imprisonment for life".
0Ou8
SC 473.
AlR 1983
2thu v. State of Punjab, 1983 SC 856.
Naib Singh v. State, AIR
 FORMS OF PUNISHMENT
55
(2) Principal forms of punishments in the IPC
Although some societies still use ancient forms of harsh physical
Inishment, punishments have also evolved along with civilization and
hecome less cruel. Punishments range in severity
depending the
uith the most severe forms applied to individuals who commit thecrime,
on
most
serious crimes. In most industrialized sOCieties, contemporary punishments
are either fines or terms of incarceration or both. Contemporary criminal
DIunishment also seeks to correct unlawful behaviour, rather than simply
nunish wrongdoers. According to section 53 of IPC, the punishments to which
offenders are liable are as follows:
(a) Death sentence,
(b) Imprisonment for life,
(c) Imprisonment -

(i) Rigorous imprisonment (with hard labour), or

(i) Simple imprisonment,
(d) Forfeiture of property, and
(e) Fine.

(a) Death Sentence (Capital Punishment):

The infliction of death by an authority as a punishment is called
capital punishment. Of all forms of punishment "death sentence" or "capital
punishment" is perhaps the most debated subject among the modern
penologist. Nowadays death sentence is awarded in "rarest of the rare cases".
According to the IPC, the punishment of death sentence is in alternative
form. It is not in mandatory form, for any crime. Before 1983, it was in
mandatory from under section 303 of IPC (murder committed by the person
who is undergoing the life imprisonment). But in 1983, the Hon'ble Supreme
Court held that section 303 is violative of Article 14 and Article 21 of the
Constitution of India, hence it is unconstitutional' So, at present there is not
a single offence which prescribed death sentence in mandatory form as
constitutional. The IPC provides the "death sentence" under ten
reumstances and those are described in the chapter of death sentence of
this book.

6Imprisonment for life:

mprisonment for life" has been authorised as a form of punishment
aer section 53 of IPC as substituted from 1st Jan., 1956 in place o
ansportation". The Hon'ble Supreme Court has held that the nature of
Pshment of "imprisonment for life" is rigorous imprisonment only, it is not
mple imprisonment. The Criminal Law (Amendment Act, 1983
Ho
incor aes that; it may be rigorous or simple. But after Amendment, the
Dle Supreme Court has held that "imprisonment for life is to be treated as
5rO4S imprisonment for life". The sentence imprisonment for life' was

Mithu v. State of Punjab, AIR 1983 SC 473.

Naib Singh v. State, AIR 1983 SC 855.
 56 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA

substituted for the transportation. Transportation to overseas

settlements implied hard labour for the concerned convicts andena pen:
punishment for deportation beyond seas was considered to be most ded he
punishment." lened
There are 54 sections under IPC besides abetment and
crimi
conspiracy, which provide expressly "imprisonment for life". To studv th
offences, we have divided offences punishable with nese
"imprisonment
for lif
into four
categories, namely, (i) Imprisonment for life is ife
punishment, (ii) Imprisonment for life is with the option of death
sentenc
minimum
and some specific term of
imprisonment, (iii) Imprisonment for life is the onl
punishment, and (iv) Imprisonment for life is maximum
(1) Offences
punishment.
punishable
with
minimumof
life" There are only
three "Imprisonment
offences under IPC, which for
punishable with minimum of "Imprisonment for life and are
These offences are
punishable with death, or
fine"
life, and shall also be liable to fine. Here imprisonment for
is the death sentence and maximum punishment
fine, but in the option of
(1) Offence against theimprisonment
for life and fine",
namely
section 121; (2) Murder
-

State under
under section 302; and (3)
ransom under section
364A. Kidnap for
ii) offences punishable with
option with death or
"Imprisonment
specific
term
for life" in
There of
with "death
only five offences under IPC,
are
imprisonment:
which are
with fine", imprisonment for life any term of punishable
or
or

committed in
namely (1) Abetment of
-

imprisonment
mutiny, if
consequence thereof under section mutiny is
fabricating false evidence
or
132; (2) Giving
capital offence and if innocentwith intent to procure conviction of
executed under section person be thereby convicted
insane person under 194; (3) Abetment of suicide of childand
convicts under sectionsection 305; (4) Attempts to murder
or

Dacoity with murder by

307; and (5) life
section 396.
(iii) Offence punishable under
with
Imprisonment
under section 311 for sole
life": There is only onepunishment of
which states that offence in IP
imprisonment for life and
lifeimprisonment.
thug shall be
fine, it has punished with
(iv) offences
mandatory punishable for
life" :
punishable
Besides the with maximum of
offences for abetment and
life" in the which maximum
"Imprisonment for
conspiracy there are
option of less punishment is "imprisonment 40
(c) Imprisonment: imprisonment in term. 10

Besides the life

followingimprisonment,
divided into the the
3
Md. Munna
categories, namelypunishment
(G)
of
Rigorous imprisonment
is
v. Union of
India, AIR 2005 SC 3440. imprisonment, (ii)
 FORMS OF PUNISHMENT 57

Simple imprisonment; and (ii) Solitary confinement

Rigorous imprisonment : I n the case of rigorous
imprisonment the offender is put to hard labour such as
grinding corn, digging earth, drawing water, cutting fire wood,
bowing wool, etc. In another word, keep the man under hard
labour.
The Hon'ble Supremne Court held that the rigorous
imprisonment is always subject to the condition that the jail
authority can impose hard labour on the convict undergoing this
kind of imprisonment in almost all world Constitutions
including ours. Protection against forced labour subject to the
exception that hard labour imposed on convicted person would
not be forced labour. BR Ambedkar in his remarks had said in
the Constituent Assembly that the exception envisaged in
clause (2) of Article 23 of the Constitution only if it can be
sub
justified as a necessity to achieve some public purpose. It is
believed that imposition of hard labour has a deterrent effect on
the prospective criminals or persons with eriminal mentality. In
short, putting the prisoner to hard labour while he is undergoing
sentence of rigorous imprisonment is not a begar or forced
labour and it is not violation of Article 23 of the Constitution.
The IPC expressly provides for many of the offences in which the
offender can be expressly provided the Rigorous Imprisonment.
It means there is no alternative form of simple imprisonment
but simple imprisonment may be awarded with the reasons for.
Now the day has gone when rigorous imprisoned doing hard
labour such as grinding corn, digging earth, drawing water,
cutting fire wood, bowing wool, etc. but they are doing some
another work also which is not so hard as earlier, prisons are
providing rehabilitative works. The prisoners doing labour in
any of the prison is entitled for some wages. In general, it is
more than token amount and less than minimum wages."
Simple Imprisonment: In the case of simple imprisonment
the offender is confined to jail and is not put to any kind of work,
but they can be asked to work at their own choice with wages.
According to section 57 of the IPC, maximum imprisonment for
any offences can be awarded is 20 years. The maximum
mprisonment in term expressly provided under IPC is 14 years
imprisonment for any offence. These offences are (1)
ntentional omission to apprehend on the part of public servant
bound to apprehend person under sentence o r lawfully
committed under section 222; (2) The robbery be committed on
he highway between sunset and sunrise under section 392; and
3) Lurking house-trespass or house-breaking by night after

5
State of ujarat v.
Hon'ble 1998 Cr LJ 4561 (SC).
Dscussed in detail under High of the of jarat,
Court
rights prisoners.
 PENOLOGY, vICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA
58

preparation for hurt, assault, or wrongful

Testraint under
restraint
section 458.
The lowest maximum terms actually can be given for an of.
ience
is 24 hours for misconduct in public by a drunken person und
section 510. There are 26 offences in IPC which exnl
provide that only simple imprisonment can be awarded. plicitly
The minimum imprisonment is unlimited, it is described
some cases like punishment for rape under section 376 not t
give less than 7 or 10 years, but there 1s also Judge at discretion
to give less by recording reasons thereof. But robbery or dacoity
with attempt to cause death or grievous hurt under section 397
and attempt to commit robbery or dacoity when armed wit
deadly weapon under section 398, such offender shall not be
punished with less than seven years. Similarly, whoever
commits dowry death shall be punished with
imprisonment for a
term which shall not be less than seven years but which
may
extend to imprisonment for life under section 304B.
Sentence may be (in certain cases of imprisonment)
wholly or
partly rigorous or simple. In every case in which an offender is
punishable with imprisonment which may be of either
description, it shall be competent to the court which sentences
such offender to direct in the sentence that such
shall be wholly rigorous, or that such imprisonment
imprisonment shall be
wholly simple, or that any part of such imprisonment shall be
rigorous and the rest simple."
Besides these there is
punishment which
imprisonment for a definite period. Where it is notgives
the
provided that it is simple or rigorous explicitly
it is at the discretion of imprisonment,
the judge. Discretion means
in that case
discretion and not at the arbitrariness of judiciously
the judge.
iii) Solitary Confinement: Solitary confinement
person thoroughly isolated from means keeping a
outside world. It is any kind of contract with the
conflicted with a view that
loneliness feeling o
and thus reformproduce wholesome influence in the crimina
may a
him. Solitary
punishment, exploits fullyconfinement
kind of is an d
aggrav
the sociable nature of
and by denying him the society of his ma
inflict pain on him. fellowbeings, it seeks
The purpose of solitary confinement
thoroughly isolated from any kind is to keep the prisonthe
outside world so of intercourse witn
his mind. Due to that it maythe offender might
loneliness produce a wholesome infiuen
realise his t on
and may guilt
repent. It is also
commit a crime possible that he may
henceforth. However, one determineoly
cannot say de
6
Section 60 of Indian Penal
Code, 1860.
 FORMS OF PUNISHMENT
59
what reaction such confinement
would produce on the offender's
mind
According to
section 73 of the IPC, whenever
convicted of offence for which under this Code any person is
an
the Court has
power to sentence him to rigorous
imprisonment, the Court may,
by its sentence, order that the offender shall be kept solitary
in
confinement for any portion or portions of the imprisonment
which he is to
sentenced, not exceeding three months in the whole,
according to the following scale, that is to say
(1) A time not
exceeding one month, if the term of
imprisonment shall not exceed six months.
(2) A time not
exceeding two months, if the term of
imprisonment shall exceed six months and shall not
exceed one year.
(3) A time not exceeding three months, if the term of
imprisonment shall exceed one year.
In executing a sentence of
solitary confinement, such
confinement shall in no case exceed fourteen
with intervals between the
days at a time,
periods solitary confinement of not
of
less duration than such
periods; and when the imprisonment
awarded shall exceed three months, the
shall not exceed seven days in
solitary confinement
anyone month of the whole
imprisonment awarded, with intervals bettween the periods of
solitary confinement of not less duration than such periods.
This section limits the solitary confinement when the
substantive sentence exceeds three months, to seven days in one
month. Solitary confinement must be imposed at intervals. A
sentence inflicting solitary confinement for the whole
imprisonment is illegal, though not more than 14 days awarded.
d) Forfeiture of property:
There are only three Sections which describe about the forfeiture of the
property that are sections 126, 127 and 169 of IPC, which read as follows
Committing depredation on territories of Power at peace with the
r n e n t of India : Whoever commits depredation, or makes preparation
wmt depredation, on the territories of any Power in alliance or at peace
h e Government of India, shall be punished with imprisonment of either
p t i o n for a term which may extend to seven years, and shall also be
c e to fine and to forfeiture of any property used or intended to be used in
Dting such depredation, or acquired by such depredation.
eceiving Property taken by war on depredation mentioned in sections
n d 126: Whoever receives any property knowing the same to have been
i n the commission of any ofthe offences mentioned in sections 125 and

Section 74 of Indian Penal Code, 1860.

Section 126 of Indian
Penal Code, 1860.
 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA
60

126, shall be punished with imprisonment of either description for aand

to
shall also be liable to fine and
verm
which may extend to seven years, and to
forfeiture of the property so received.
with the Governme.
Power in alliance
Waging wvar against any Asiatic nment
war against the Government
of any Asiatic Pow
of India : Whoever wages ower
with the Government of India or attempts to
in alliance or at peace wage
such war, or abets the waging of such war, shall be punished with
imprisonment for life, to which fine may be added, or with imprisonment .
either description for a term which may extend to seven years, to which finee

may be added, or with fine."

Public servant unlawfully buying or bidding for property Whoever,
being a public servant, and being legally bound as such public servant, not to
purchase or bid for certain property, purchases or bids for that property,
either in his own name or in the name of another, or jointly, or in shares with
others, shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both; and the property, if purchased,
shall be confiscated."
Sentence of forfeiture of property: Initially the provision was made
under section 61 of IPC for the sentence in the fault of forfeiture of property
but was repealed by the Indian Penal code (Amendment) Act, 1921. Now
there 18 no any such provision under the IPC.
Forfeiture of property, in respect of offenders punishable with death,
transportation or imprisonment: The provisions for forfeiture of property, in
respect of offenders punishable with death, transportation or imprisonment
was made initially under section 62 of IPC but was repealed by the Indian
Penal Code (Amendment) Act, 1921. Now there is no any such provision
under the IPC.
Suggestions to re-introduce forfeiture of property: The Hon'ble
Supreme Court has suggested that cancerous growth of corruption and
illegal
gains or profits affected the moral standards of the people and all forms
governmental administration. Therefore, it is appropriate time that ol
deleted
provisions of section 61 and section 62 providing for the punishment of
forfeiture of property is
required to be re-introduced by suitable legislative
measures so that it
may have deterrent effect on those who are bent upon
accumulate wealth at the cost of the society by misusing their post ana to
power."

(e) Fine:
Amount of fine Where no sum is expressed to which a fine
:
extend, the amount of fine to which the offender is may
shall not be excessive." liable is unlimited, bu

Section 127 of Indian Penal

10
Code, 1860.
Section 125 of Indian Penal Code, 1860.
11
Section 169 of Indian Penal Code, 1860.
12
Shoba Suresh Jumani v. Appellate
Tribunal, Forfeiture Property, 2001 Cr. LJ 2583
13
Section 63 of Indian Penal Code, 1860 (SC)
 FORMS OF PUNISHMENT
61

Sentence of
imprisonment for non-payment of fine : In every case of
affence punishable with imprisonment as well as fine, in which the offenderan
is
sen ontenced to a fine, whether with without
imprisonment, And in every
or -

cas ase of an offence 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 otfender to direet by the sentence that, in default of
payment of the fine, the offender shall suffer imprisonment for a certain
term, which imprisonment to which he may have been sentenced or to which
he may be liable under a commutation of a sentence.
Limit to imprisonment for non-payment of fine, when imprisonment
and fine awardable: The term for which the Court directs the offender to be
imprisoned in default of payment of a fine shall not exceed one-fourth of the
term of imprisonment which is the maximum fixed for the offence, if the
offence be punishable with imprisonment as well as fine."
Description of imprisonment for non-payment of fine The
imprisonment which the Court imposes in default of payment of a fine may
to which the offender might have been sentenced for
the
be of any description
offence.
when offence punishable with
Imprisonment for non-payment of fine
with fine only, the imprisonment
fine only: If the offence be punishable
of payment of the fine shall be simple,
which the Court imposes in default
court directs the offender to
be imprisoned, in
and the term for which the that is to say,
shall not exceed the following scale,
default of payment of fine,
months when the amount
of the fine shall not
for any term not exceeding two four months when the
and for any term not exceeding
exceed fifty rupees,
and for any term not exceeding
not exceed one hundred rupees,
amount shall
7
S1X months in any other case.
fine: The imprisonment
terminate on payment
terminate whenever
of
Imprisonment to fine shall
of payment of a
which is imposed in
default
of law.
or levied by process
that fine is either paid part of fine.
imprisonment on payment of proportional
fixed in default of
Termination of of imprisonment
term of
If, before the expiration of the or levied
that the term
of the fine be paid to
a proportion not less than
proportional
Payment, such default of payment is terminate."
suffered in shall
prisonment imprisonment
unpaid, the and to four
fine still hundred rupees
E part of the to a fine of one
seventy-tive
rupees
of
lustration: A
is s e n t e n c e d Here, if the
of payment. month of
default of o n e
o n m e n t in
months imprison before the
expiration
month has
expired. If
levied the first
be paid or as of the first
e
i nprisonment. as soon
expiration
A will be discharged
levied at
the time of the
or
v e rupees be paid

14 Code, 1860.
Section 64 of Indian Penal Code, 1860.
Section 65 of Indian Penal
1860.
16
Penal Code,
17
ection 66 of Indian Code, 1860.
18
Section 67 of Indian Penal Code, 1860.
19
Section 68 of Indian Penal Code, 1860.
Section 69 of Indian Penal
F-7
 ADMINISTRATION IN INDIA
VICTIMOLOGY AND CORRECTIONAL
62 PENOLOGY.

continues
:will
in imprisonment, A
while A
at any later time
month, or the fine be paid or levied beforee
If fifty rupees of
immediately discharged. A will be discharged a e
months of the imprisonment,
expiration of two or levied at tho
rupees be paid
a r e completed. If fifty
as the two
months later time while A contie
of the expiration of
those two months,
or at any
inues
discharged.
will be immediately
in imprisonment, A imprisonment, death not
six years, or during to
Fine levied within or any part thereot which remaine
liability: The fine,
discharge property from within six years after the passing of t
levied at any time
unpaid, may be the offender be liable to imprisonmen
sentence, and if,
under the sentence,
time previous to the expiration
six years, then at any
for a longer period than from tha
death of the offender does not discharge
of that period; and the liable for his
after his death, be legally
liability anyproperty which would,
debts.
maximum punishment in the form of
The fine is provided at the
Besides these there are certain
or/and" with any kinds of imprisonment.
In case of fine only, it is either
offences, in which the punishment is fine only.
indefinite or expressly provided with amount. Further, definite fine explicitly
minimum limit in amount.
may have maximum or

(3) Sentences under Special Laws in India:

Modern forms of criminal punishment include alternatives that
contrast vividly with corporal punishments and large scale warehousing of
offenders in prisons. Modern programmes increasingly emphasize an

individualized approach to the rehabilitation and treatment of offenders. But,

there are many punishments common to IPC. The following sentences may be
concluded but not exhaustively under the Special Laws besides the Indian
Penal Code.
(a) Death Sentence
(b) Imprisonment for life
(c) Imprisonment
d) Forfeiture of property
(e) Monetary punishment (Fine or penalty)
f) Perform community service
g)Send juvenile to a special home
(a) Death Sentence:
Death sentence besides IPC, are available for the
under following offences
Special Laws in India. We tried to make the entire list of the offences
punishable with death under Special Laws, but it is not exclusive.
(i) Offence under Armed Forces Acts: The Army Act, Air Force
and Navy Act
empowers the Courts Martial to award maximun
Act
punishment that is death sentence on the person who is
to these Acts and offence subje
falls under the list prescribed by these

20 Section 70 of Indian Penal Code, 1860.

 FORMS OF PUNISHMENT
63
Acts under section 34
and Mutiny
sentence may under
awarded by the Court section 37. Death
be
offence which is Martial also for the
and Navy Acts." punishable with death under Air
Force, Army
(ii) Certain offences after
previous conviction under NDPS
are
punishable with death : Section
death penalty for certain 31A of NDPS Act
Act, 1985
offences after prescribes
According to this section if any previous conviction.
who has been
the commission
of, or attemptperson
to commit, or convicted of
criminal conspiracy to abetment of, or
under Sections 15 to 25 commit, any of the offences
subsequently convicted of (both inclusive) or sectionpunishable
27-A, is
the commission
commit, or abetment of, or of, or attempt to
offence according to list criminal conspiracy to
be given in section 31A of NDPScommit, an
punishable with death. This section was Act, shall
1989 inserted by Act 2 of
(ii) Punishment for using unauthorised
arms or
in death of other
person : According to ammunition, results
Act, 1959 whoever section 27 (3) of the Arms
uses
ammunition unless he has been prohibited arms or prohibited
any
Central Government in this specially authorised by the
behalf. If he (a)
possession or carry; or (b) use, acquire have in his
convert, repair, test or prove; or (c) manufacture, sell, transfer,
expose or offer for sale or
transfer or have in his
possession for sale, transfer, conversion,
repair, test or proof. Such act or such use results in the death of
any other person, shall be punishable with death.
-

was substituted by Act 42 of 1988. This section

(iu) Punishment for abetment of Sati :
Commission of Sati Act, 1987, ifAccording section 4 (1) of
to
any person commits Sati,
whoever, abets the commission of such Sati, either
indirectly, shall be directly or
punishable
life and shall also be liable to fine.
with death or
imprisonment for
(u) Offence under SC/ST (Prevention of Atrocities) Act:
section 3 (2) (i) of the Scheduled Castes According to
and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989
whoever, not
member of a Scheduled Caste or a Scheduled Tribe being
a

fabricates false evidence intending thereby to cause, or gives

or

it to be knowing
likely that he will thereby cause, and if an innocent
member of a Scheduled Caste or a Scheduled Tribe be
convicted
and executed in
consequence of such false or fabricated evidence,
the person who
gives or fabricates such false evidence shall be
punished with death.
(vi) Offence under Terrorist Act: There is death penalty for the
offence of Terrorist Act enforceable by law in the country. The
Terrorist And Disruptive Activities (Prevention) Act, 1987,
21
SecO n 73 of
e Air Force Act, 1950,
Army Act, 1950 and Navy Act, 1967.
 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INNA
4 INDIA

POTA, etc.

(b) Imprisonment for life:

The followings are the offences under special laws which arer
are provie
with imprisonment for life. But these provisions are not exclusive, dey
(i) Offence of anti-hijacking: According to section 4 of the
Hijacking Act, 1982, whoever commits the offence of hiar
shall be punished with imprisonment for life and shall
also
ijacking
liable to fine. be
() Offence under Arms Act: The Arms Act, 1959 deseribes
offences are punishable with the maximum punishment of kehe
ife
imprisonment with fine. According to section 27 (2), whoeve
uses any prohibited arms or prohibited ammunition unless ha
has been specially authorised by the Central Government in
this
behalf. If he (a) acquire have in his possession or
carry; or (b
use, manufacture, sell, transfer, convert, repair,
test or prove; or
(c) expose or offer for sale or transfer or have in his
for sale, transfer, conversion,
possession
repair, test or proof, he shall be
punishable with imprisonment for a term which shall not be less
than seven years but which may extend to
imprisonment for life
and shall also be liable to fine. This section
was substituted by
Act 42 of 1988.
ii) Offence under Explosive Substance Act The Explosive
Substance Act, 1908 also provides the life
(v) Punishment for abetment or imprisonment.
attempt to abetment of Sati :
According to section 4 of Commission of Sati Act, 1987, if any
person commits Sati or
the commission of suchattempts
to commit Sati, whoever abets
Sati or abets such
directly or indirectly, shall be attempt, either
life and shall also be punishable
liable to fine.
with imprisonment l
(u) Offerce under SC/ST (Prevention
section 3 (2) of the of Atrocities) Act: According
Scheduled
(Prevention of Atrocities) Castes and the Scheduled
Act, 1989, following are the TriDeo
punishable with life oftene
(1)
whoever, not
imprisonment:
being a member of a Scheduled Caste
Scheduled Tribe or
gives or fabricates false
intending thereby to cause, or evider
he
will thereby knowing
cause, any member of a
it to be
likely
or
Scheduled Tribe to be Scheduled Casr
capital by the law for convicted of an offence wn is
the time
punished with imprisonment being in force sha e
Section 3 (2) (i)) for life and with
(2) commits mischief
ending to cause orby fire or any explosive substance n
thereby knowing it to be will

ordinarily
cause
destruction of any likely that he;is
place. of worshipbuilding
used as a
wn for
af
or as a
pia
 FORMS OF PUNISHMENT 65

human dwelling or a place of custody of the property by a

member of a Scheduled Caste or a Schedule Tribe, shall
be punishable with imprisonment for life and with fine.
[Section 3 (2) (iv)]
(3) commits any offence under IPC, punishable with
imprisonment for a term of ten years or more against a
person or property on the ground that such person is a
member of a Scheduled Caste or a Scheduled Tribe or
such property belongs to such member, shall be
punishable with imprisonment for life and with fine.
(Section 3 (2) (v)]

(c) Imprisonment:
The Court Martial is empowered to award any imprisonment, either
rigorous or simple, for any period not exceeding fourteen years. But, under
NDPS Act, 1985, the Courts are empowered to award the maximum definite
period of imprisonment which may be extended to 20 years. And in the
repetition of the offence, the offender can be awarded up to 30 years
imprisonment and Rs. 3 lacs fine. The provisions for the 20 and 30 years
imprisonment are sole maximum definite period under the Indian Judicial
System. Even though besides the imprisonment for life, the IPC has not
provided the imprisonment in a term exceeds fourteen years.
Rigorous imprisonment may extend to thirty years and fine up to
three lakhs under NDPS Act: According to section 30 (1) (a) if
any person who has been convicted of the commission of, or
attempt to commit, or abetment of, or criminal conspiracy to
commit, any of the offences punishable under Section 15 to
Section 25 (both inclusive) is subsequently convicted of the
commission of, or attempt to commit, or abetment of, or criminal
conspiracy to commit, an offence punishable under section 15 to
Section 19, clause (ii) of Section 20 and Section 21 to Section 25
(both incllusive), he shall be punished for the second and every
subsequent offence with rigorous imprisonment for a term which
shall not be less than fifteen years but which may extend to
thirty years and shall also be liable to fine which shall not be
less than one lac fifty thousand rupees but which may extend to
three lakh rupees.
This is the sole section under Indian Criminal Judicial System
which provides the maximum sentence in any specified term of
imprisonment with the maximum specified fine of Rs. 3 lacs.
(ii) Rigorous imprisonment may extend to twenty years: We have
two enactments which expressly provide that imprisonment may
be extended to twenty years. Such punishment is provided by
section 4 of the Explosive Substance Act, 1908 and on the other
hand various offences under NDPS Act, shall be punishable with
rigorous imprisonment for a term which shall not be less than
ten years but which may extend to twenty years and shall also
 PENOLOGY, VICTIMOLOGY AND CORRECTIONAL ADMINISTRATION IN INDIA
66

be liable to fine which shall not be less than one lakh rupees
which may extend to two lakh rupees.
but
Imprisonment which may be extended to fourteen years : In Ind:.
(iii)
there are many enactments besides the IPC, which provide
sentence of imprisonment for any term and detention on t
violations of that enactment. It is not only hard but imposil
to give the list of the offences, punishable with any term n
mprisonment.
The Army Act, 1950, Air Force Act, 1950, and Navy Act
empowers
the Courts-Martial to award
maximum
imprisonment, which may be extended to fourteen years on tha
person, who is subject to these Acts and the offence falls under
the list prescribed by these Acts under section 35. Any
imprisonment may be awarded under any other section, which is
punishable with imprisonment. The Arms Act, 1959 describes
many offences are punishable with the term extended to ten
years imprisonment with fine. Besides them, there are various
enactments which provide punishment for imprisonment on the
violation of the specific provisions, i.e., Environmental Laws,
Labour Laws, Socio-Economic Offences, ete.

d) Forfeiture of property:
Forfeiture of property of certain persons offence of atrocities: According
to section 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, where a person has been convicted of any offence of
atrocities punishable, the Special Court may, in addition to awarding any
punishment, by order in writing, declare that any property, movable or
immovable, or both, belonging to the person, which has been used for the
commission of that offence, shall stand forfeited to the Government.
Where any person is accused of any offence of atrocities, it shall be
open to the Special Court trying him to pass an order that all or any of the
properties, movable or immovable, or both,
belonging him, shall, during
to
the period of such trial, be
attached, and where such trial ends in conviction,
the property so attached shall be
liable to forfeiture to the extent it is
required for the purpose of realisation of any fine
imposed under this chapter.
Forfeiture of explosives
According to section 10 of the Explosives Act,
1884, where a person is convicted of an
the rules made under this
offence punishable under this Act, or
Act, the court before which he is convicted
direct that the explosive, or
ingredient of the may
any) in respect of which the offence has been explosive or the substance (1
explosive, ingredient or substance, shall with committed, or any part of
tha
the receptacles containing the
same, be forfeited.
Forfeiture of property under TADA
Disruptive Activities (Prevention) Act, 1987 Section
provides8 the
of Terrorist
forfeitureAna
o
property of certain persons.
Forfeiture of property under the Prevention of Food Adulteration Act,
1954 According to section 18
of the Act, where any person has been