Section 60 IPC: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

Indian Penal Code, 1860

Section 60 IPC at a Glance

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

Punishment

None. Section 60 IPC creates no offence.

BNS Equivalent

Section 7 →

Section 60 IPC Bare Act Text

60. 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 60, Indian Penal Code, 1860

Section 60 IPC in Simple Words

Section 60 of the Indian Penal Code (IPC) lets a Court choose the description of imprisonment in the sentence itself. Where an offender is punishable with imprisonment which may be of either description, the Court may direct that the imprisonment is wholly rigorous, wholly simple, or partly rigorous and the rest simple. The section creates no offence and sets no punishment of its own.

Ingredients of Section 60 IPC

  • 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 60 IPC

Imprisonment

None. Section 60 IPC creates no offence.

Fine

None.

Section 60 IPC is a power of the Court in sentencing. It has no entry in the First Schedule to the CrPC.

Example of Section 60 IPC

In 2019 in Mysore, Harish was convicted of criminal breach of trust, an offence for which the offender was punishable with imprisonment that could be of either description. When the Court sentenced Harish to two years of imprisonment, it considered whether the imprisonment should be wholly rigorous, wholly simple, or divided between the two descriptions. In the sentence itself, the Court directed that eighteen months of the imprisonment would be rigorous and the rest simple. The Court was competent to give that direction under Section 60 IPC.

When Section 60 IPC Does Not Apply

  • Section 60 IPC does not apply when the law prescribes only one description of imprisonment for the offence rather than imprisonment of either description.
  • Section 60 IPC does not apply when the offence is punishable with fine alone and carries no sentence of imprisonment.
  • Section 60 IPC does not apply outside the sentencing order of the Court that sentences the offender.

Section 60 IPC in the BNS

Section 60 IPC is now covered under Section 7 BNS.

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

View detailed comparison (IPC 60 vs BNS 7) →

FAQs on Section 60 IPC

What does Section 60 IPC say?▼

That where an offender is punishable with imprisonment which may be of either description, the Court which sentences the offender may direct in the sentence that the imprisonment is wholly rigorous, wholly simple, or partly rigorous and the rest simple.

Under Section 60 IPC, who decides whether the imprisonment is rigorous or simple?▼

The Court which sentences the offender, in the sentence itself.

Under Section 60 IPC, what is rigorous imprisonment?▼

Imprisonment with hard labour. Section 53 IPC lists the two descriptions of imprisonment as rigorous, that is with hard labour, and simple.

Does Section 60 IPC apply to every offence?▼

No. It applies where the offender is punishable with imprisonment which may be of either description.

Does Section 60 IPC create an offence?▼

No. It gives the Court a power in sentencing and sets no punishment.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·