Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
Section 7 of the Bharatiya Nyaya Sanhita, 2023 deals with sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that The Act came into force on 01 Jul 2024.
In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
Section 7, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 60 Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Duryodhan Rout vs State of Orissa
Decided under Indian Penal Code 60, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a person is convicted of multiple offences at one trial, including one offence for which the sentence is life imprisonment, the proviso to Sub-Section (2) of Section 31 of the Criminal Procedure Code, 1973, which limits aggregate imprisonment to 14 years, applies to prevent consecutive sentences. All sentences must run concurrently because life imprisonment means imprisonment for the entire remaining life of the convict, and the concept of consecutive sentences does not apply when one sentence is life imprisonment. The term 'imprisonment' in Section 31 CrPC includes life imprisonment as defined in the General Clauses Act, 1897, and life imprisonment is not equivalent to 14 years or 20 years but means imprisonment for the whole of the remaining period of the convict's natural life unless remitted by the appropriate Government.
On this section: Defines imprisonment as rigorous or simple; cited in context of discussing whether life imprisonment has such classification
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 7
What have the courts held on Section 7 of the Bharatiya Nyaya Sanhita?
Duryodhan Rout vs State of Orissa (01 Jul 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 60, which this section replaced -- the court never mentioned this Act: Defines imprisonment as rigorous or simple; cited in context of discussing whether life imprisonment has such classification.
How do I find court cases under Section 7 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 7, section 7 BNS, section 7 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Duryodhan Rout vs State of Orissa (01 Jul 2014).
What should I read with Section 7 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 60 (Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple), so the judgments decided under that provision are the case law on this one.
When did Section 7 of the Bharatiya Nyaya Sanhita come into force?
Section 7 of the Bharatiya Nyaya Sanhita, cited as BNS 7, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.