Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
Section 60 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 60, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 7 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 The repealed enactment still governs what happened while it was in force.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
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 60
What have the courts held on Section 60 of the Indian Penal Code?
Duryodhan Rout vs State of Orissa (01 Jul 2014) is the leading judgment on this section among those set out below: 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 60 of the Indian Penal Code?
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: IPC 60, section 60 IPC, section 60 of the Indian Penal Code. 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 60 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 7 (Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 60 of the Indian Penal Code come into force?
Section 60 of the Indian Penal Code, cited as IPC 60, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.