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Decoding Life Imprisonment: IPC vs Bharatiya Nyaya Sanhita (BNS), 2023

Introduction

Life imprisonment has always been a cornerstone of the Indian justice system, but how it's defined and applied has evolved over time. While the Indian Penal Code (IPC), 1860, and the Bharatiya Nyaya Sanhita (BNS), 2023, both deal with life imprisonment, subtle differences in their wording have led to questions about interpretation and practical implications.

Life Imprisonment Under the IPC

The IPC clearly lays out that life imprisonment means confinement for the remainder of a person's natural life, as per section 53. This was reinforced in Gopal Vinayak Godse v. State of Maharashtra, leaving little room for ambiguity. However, flexibility is introduced through:

  • Section 55: The appropriate government can commute life imprisonment to at least 14 years.
  • Section 57: Defines life imprisonment as 20 years, but only for the purpose of fractional calculations.

What the BNS Says About Life Imprisonment

The BNS maintains the core definition of life imprisonment as lasting for the rest of a person’s natural life, clearly stated in section 4. However, differences in phrasing in sections 64(1) and 64(2) raise questions:

  • Section 64(1) simply states "Imprisonment for life."
  • Section 64(2) expands on this, clarifying that it means the remainder of the person's natural life.

Though these provisions may seem similar, the wording suggests an attempt to differentiate. But what’s the real intent here? Is this a stylistic choice, or does it aim to introduce levels of punishment severity?

Key Observations

The inconsistencies in phrasing could dilute the legislative goal if the objective was to highlight the degree of offenses:

  1. Impact on Justice: Without distinct outcomes or clarity, the provisions could lead to misinterpretations in real-world scenarios.
  2. Legislative Intent: If the idea was to add nuance to punishment, this inconsistency risks frustrating that purpose.

Conclusion

While both the IPC and BNS aim to maintain justice through life imprisonment, the BNS’s drafting inconsistencies need attention. For clarity and fairness, legislators should refine these sections to ensure their intent is unambiguous and their application seamless.

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