Section 7 BNS: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

Bharatiya Nyaya Sanhita, 2023

Section 7 BNS at a Glance

Section 7 BNS deals with sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. It replaced Section 60 IPC on 1 July 2024.

Punishment

None. Section 7 BNS creates no offence.

IPC Equivalent

Section 60 →

Section 7 BNS Bare Act Text

7. 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 any part of such imprisonment shall be rigorous and the rest simple.

Source: Section 7, Bharatiya Nyaya Sanhita, 2023

Section 7 BNS in Simple Words

Section 7 of the Bharatiya Nyaya Sanhita (BNS) is a sentencing provision that applies in every case in which an offender is punishable with imprisonment which may be of either description. It does not create a separate offence and prescribes no punishment of its own.

Under this section, the Court which sentences such an offender is competent to direct in the sentence that the imprisonment shall be wholly rigorous, or that it shall be wholly simple, or that any part of the imprisonment shall be rigorous and the rest simple. It applies to the sentencing Court whenever the offence provision leaves the description of imprisonment open between rigorous and simple.

A key point for readers is that imprisonment of either description means imprisonment that can be rigorous or simple under the Sanhita. Where an offence allows only one fixed description of imprisonment, Section 7 BNS does not give the Court a choice between the two, and any direction must be recorded in the sentence itself.

Ingredients of Section 7 BNS

  • An offender is punishable with imprisonment
  • The imprisonment may be of either description
  • The Court sentences the offender
  • The Court directs in the sentence that the imprisonment is wholly rigorous, wholly simple, or partly rigorous and the rest simple

Punishment Under Section 7 BNS

Imprisonment

None. Section 7 BNS creates no offence.

Fine

None.

Section 7 BNS is a power of the Court in sentencing. It has no entry in the First Schedule to the BNSS.

Example of Section 7 BNS

In Nagpur, Rukhsana is convicted of theft. Section 303(2) BNS punishes theft with imprisonment of either description, or with fine, or with both. In the sentence the Court directs that part of the imprisonment is rigorous and the rest simple. Section 7 BNS makes the Court competent to give that direction because the offence is punishable with imprisonment which may be of either description.

When Section 7 BNS Does Not Apply

  • An offence that allows only one description of imprisonment, since the section applies where the imprisonment may be of either description
  • A sentence not yet passed by a Court, since the direction is given in the sentence

Section 7 BNS in the IPC (Previous Law)

Section 7 BNS replaces Section 60 IPC from the old criminal code.

Section 7 BNS keeps the section in the same words and under the same heading. Only the number changes.

View IPC Section 60 →

FAQs on Section 7 BNS

Does Section 7 BNS punish a person for any offence?▼

No. This section does not create an offence and does not prescribe a punishment by itself. It only tells the court how to classify a sentence of imprisonment as rigorous or simple.

Under Section 7 BNS, what is the difference between rigorous and simple imprisonment?▼

Rigorous imprisonment usually involves hard labour in prison, subject to prison rules. Simple imprisonment does not require hard labour and is generally less severe in its mode of execution.

Under Section 7 BNS, can a court give part rigorous and part simple imprisonment?▼

Yes, where the law allows it. The court may make one part of the sentence rigorous and the remaining part simple, if that is justified by the case.

Is Section 7 BNS still relevant after the BNS came into force?▼

Yes. Section 7 BNS is in force under the Bharatiya Nyaya Sanhita, 2023, and empowers the sentencing court to direct that imprisonment be wholly rigorous, wholly simple, or partly rigorous and partly simple where the offence allows imprisonment of either description.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·