Section 6 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 6 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the calculation of fractional terms of punishment, specifically concerning life imprisonment. It stipulates that, unless otherwise provided, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years when calculating fractions of terms of punishment. ([nyayseva.com][1], [prashantkanha.com][2])
This provision standardizes the interpretation of life imprisonment in the context of calculating fractional sentences. For instance, if a legal provision mandates that a convict serves half of their life sentence before becoming eligible for parole, Section 6 clarifies that this period equates to 10 years (half of 20 years). ([nyayseva.com][1])
While Section 6 sets a general standard, it allows for exceptions where specific laws or judicial pronouncements define life imprisonment differently. For example, certain statutes may prescribe that life imprisonment means imprisonment for the remainder of the convict’s natural life. In such cases, the specific provisions of those laws would take precedence over the general rule established in Section 6. ([nyayseva.com][1])
This approach aims to promote consistency and fairness in the legal system, addressing ambiguities present in previous legislation. ([nyayseva.com][1])
[1]: https://nyayseva.com/bhartiya-nyaya-sanhita-2023-section-6-defining-life-imprisonment-a-clear-20-year-rule-for-fair-sentencing/?utm_source=chatgpt.com "Bhartiya Nyaya Sanhita 2023: Section 6- Defining Life Imprisonment – A Clear 20 Year Rule for Fair Sentencing - Nyay Seva"
[2]: https://www.prashantkanha.com/section-6-of-bharitya-nyaya-sanhita-2023-bns-equivalent-ipc-section/?utm_source=chatgpt.com "Section-6 BNS – Bhartiya Nyaya Sanhita, 2023 (BNS) & equivalent IPC Section – AOR Prashant Kanha | Advocate on Record Supreme Court of India"
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