Section 6 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 6, Bharatiya Nyaya Sanhita (BNS), 2023
Textual Essence (Simplified)
Section 6 clarifies the meaning and legal effect of “imprisonment for life.”
It states that imprisonment for life means imprisonment for the remainder of the natural life of the person, unless the sentence is remitted, commuted, or otherwise reduced by a competent authority under law.
Purpose of Section 6
The main objective of Section 6 is to remove ambiguity about what “life imprisonment” actually means. Earlier, many people assumed that life imprisonment meant a fixed term (such as 14 or 20 years). Section 6 makes it clear that:
Life imprisonment is not a fixed-term punishment — it lasts for the convict’s entire natural life unless lawfully shortened.
Key Legal Points Under Section 6
1. Life Imprisonment = Natural Life
A person sentenced to life imprisonment remains in prison until death, unless granted remission or commutation.
There is no automatic right to release after any specific number of years.
2. No Presumption of 14 Years
Earlier misconceptions arose due to remission rules under prison manuals.
Section 6 clearly separates:
Judicial sentence (life imprisonment = whole life)
Executive discretion (remission or commutation)
3. Remission Is Discretionary, Not a Right
Any reduction of life imprisonment depends on:
Government policy
Conduct of the prisoner
Nature of the offence
Orders under constitutional or statutory powers
The convict cannot demand remission as a matter of right.
4. Applies to All Serious Offences
Section 6 affects sentencing under offences such as:
Murder
Rape causing death or permanent harm
Terrorism-related offences
Organized crime
Crimes against the State
In such cases, courts can impose life imprisonment with the clear understanding that it means incarceration for the remainder of life.
Comparison with the Earlier IPC, 1860
| Aspect | IPC (Before) | BNS (Now – Section 6) |
|---|---|---|
| Meaning of life imprisonment | Often misunderstood | Clearly defined |
| Duration | Assumed as 14/20 years | Entire natural life |
| Right to remission | Confused as entitlement | Clearly discretionary |
| Judicial clarity | Developed by courts | Codified in statute |
Judicial Understanding (Codified by Section 6)
Indian courts had already held (even before BNS) that:
Life imprisonment means imprisonment for the whole of the convict’s life
Section 6 incorporates this settled judicial position into statutory law
This ensures uniform application across courts and prisons.
Practical Impact of Section 6
Greater sentencing certainty
Stronger deterrence for grave crimes
Limits misuse of remission policies
Ensures victims’ confidence in sentencing
Aligns punishment with seriousness of offence
Illustration
If a person is sentenced to:
“Imprisonment for life under BNS”
Then:
The sentence legally lasts until the person’s death
Release is possible only if:
Government grants remission or commutation
President or Governor exercises constitutional powers
Conclusion
Section 6 of the Bharatiya Nyaya Sanhita, 2023
Defines life imprisonment conclusively
Removes confusion about duration
Establishes that life imprisonment means imprisonment for the remainder of natural life, subject only to lawful remission or commutation
Strengthens clarity, consistency, and seriousness in criminal sentencing
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