TYPES OF PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A COMPREHENSIVE LEGAL ANALYSIS

AUTHOR– MANAS SHUKLA* & TANU AGARWAL**

* STUDENT BBA LLB(H), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL LUCKNOW CAMPUS, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – MANAS SHUKLA & TANU AGARWAL, ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 144-151, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Bharatiya Nyaya Sanhita, 2023 (BNS), enacted to replace the colonial-era Indian Penal Code, 1860, marks a transformative shift in India’s criminal jurisprudence. This legislative reform reflects a conscious effort to modernize the punitive framework in line with constitutional values, evolving societal needs, and global trends in penology. Chapter II of the BNS (Sections 4 to 13) outlines the various forms of punishments available under the new regime, namely: death penalty, life imprisonment, rigorous and simple imprisonment, forfeiture of property, fine, and the newly introduced provision of community service. The inclusion of community service represents a significant shift towards restorative justice and the rehabilitation of offenders, particularly in cases involving petty or non-violent crimes. The paper critically examines the statutory scheme of punishments, emphasizing their gradation, proportionality, and judicial discretion. It further explores the procedural safeguards against arbitrary sentencing and solitary confinement, and analyzes enhanced punishment provisions for repeat offenders. Through a comparative lens with the Indian Penal Code, 1860, the study underscores the substantive and procedural advancements brought by the BNS. This analysis contributes to the broader discourse on criminal justice reform, advocating a balanced penal system that ensures deterrence, reformation, and fairness.

Keywords

Bharatiya Nyaya Sanhita 2023, types of punishment, criminal law reform, community service, solitary confinement, sentencing policy, proportionality, Indian Penal Code 1860, criminal justice, penal philosophy, enhanced punishment, imprisonment, restorative justice.