Criminal Justice Reboot-7: Enhanced fines & mandatory punishments in three new laws

Criminal Justice Reboot-7: Enhanced fines & mandatory punishments in three new laws

The new criminal laws, which will be implemented from July 1, will include 33 offences where the duration of imprisonment has been increased, 23 offences where mandatory punishment has been introduced, and 83 offences where the fine has been enhanced.

The three new criminal laws – the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) – will come into effect from Monday.

What is Mandatory Punishment?

A mandatory sentence is one that the judge or magistrate must give to someone who has committed a certain offence. The concept of mandatory minimum sentencing refers to a sentence that must be imposed without leaving any discretion to the court. It means a quantum of punishment that cannot be reduced below the period fixed under the statute.

According to legal experts, for offences with a mandatory sentence provision, the court must mandatorily award this minimum period of sentencing for the offences which prescribe it.

Sections Where Mandatory Punishment Has Been Introduced

• Clause 99 of BNS: Buying a child for purposes of prostitution will have imprisonment for not less than seven years and can extend up to 14 years and a fine. It is now a cognisable and non-bailable offence.
• Clause 105 of BNS: Culpable homicide not amounting to murder will now have a mandatory sentence of not less than five years or imprisonment for life.
• Clause 111(3) of BNS: Abetting, conspiring, or knowingly facilitating the commission of organised crime will have imprisonment for not less than five years, which may extend to imprisonment for life and a fine of not less than Rs 5 lakhs.
• Clause 111(4) of BNS: Being a member of an organised crime syndicate has a mandatory sentence of five years, which may extend to imprisonment for life and a fine of not less than Rs 5 lakhs.
• Clause 117(3) of BNS: An offence resulting in permanent disability or a persistent vegetative state will now have rigorous imprisonment for not less than 10 years, which may extend to imprisonment for life, meaning the remainder of that person's natural life. It is also a cognisable and non-bailable offence.
• Clause 139(1) of BNS: Kidnapping a child for purposes of begging will now have a mandatory sentence of rigorous imprisonment not less than 10 years, but may extend to imprisonment for life and a fine.

Sections Where Fine Has Been Increased / Added

• Clause 127(2) of BNS: Wrongfully confining any person will now have imprisonment for one year or a fine of Rs 5,000 or both.
• Clause 168 of BNS: Offence related to wearing garb or carrying tokens used by a soldier, sailor, or airman will have imprisonment for three months or a fine of Rs 2,000 or both.
• Clause 207(a) of BNS: Preventing the service of summons or other proceedings or preventing publication thereof will now have simple imprisonment for one month or a fine of Rs 5,000 or both.
• Clause 221 of BNS: Obstructing a public servant in the discharge of his public functions will now have imprisonment for three months or a fine of Rs 2,500 or both.
• Clause 274 of BNS: Adulterating food or drink intended for sale will now have imprisonment for six months or a fine of Rs 5,000 or both.
• Clause 355 of BNS: Appearing in public places in a state of intoxication and causing annoyance to any person will now have simple imprisonment for 24 hours or a fine of Rs 1,000 or both or community service.

Watch Live TV in English

Watch Live TV in Hindi