Mandatory punishment refers to sentences that judges must impose for certain offenses, leaving no discretion to the court. This includes fixed periods of imprisonment specified by law.
NEW DELHI: The new criminal laws, effective from July 1, will encompass 33 offences with increased imprisonment durations, 23 offences with newly introduced mandatory punishments, and 83 offences with enhanced fines. The three laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – will come into force on Monday.
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Mandatory punishment refers to sentences that judges must impose for certain offenses, leaving no discretion to the court. This includes fixed periods of imprisonment specified by law.
Key provisions include:
- Section 99 of BNS: Buying a child for prostitution carries 7 to 14 years’ imprisonment and a fine, now a cognisable and non-bailable offence.
- Section 105 of BNS: Culpable homicide not amounting to murder mandates at least 5 years’ imprisonment or life imprisonment.
- Section 111(3) of BNS: Facilitating organised crime mandates 5 years to life imprisonment and a Rs 5 lakh fine.
- Section 111(4) of BNS: Membership in an organised crime syndicate mandates 5 years to life imprisonment and a Rs 5 lakh fine.
- Section 117(3) of BNS: Offences causing permanent disability require rigorous imprisonment for 10 years to life, and are cognisable and non-bailable.
- Section 139(1) of BNS: Kidnapping a child for begging mandates rigorous imprisonment of 10 years to life, plus a fine.
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Sections with increased fines or new penalties:
- Section 127(2) of BNS: Wrongful confinement now penalised with one year’s imprisonment or a Rs 5,000 fine, or both.
- Section 168 of BNS: Wearing military garb improperly now results in three months’ imprisonment, a Rs 2,000 fine, or both.
- Section 207(a) of BNS: Hindering legal proceedings now carries one month’s imprisonment or a Rs 5,000 fine, or both.
- Section 221 of BNS: Obstructing public servants now results in three months’ imprisonment, a Rs 2,500 fine, or both.
- Section 274 of BNS: Food adulteration now penalised with six months’ imprisonment, a Rs 5,000 fine, or both.
- Section 355 of BNS: Public intoxication causing annoyance now results in 24 hours’ imprisonment, a Rs 1,000 fine, or community service.
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