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In calculating fractions for terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for
Question

In calculating fractions for terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for

A.

Twenty years

B.

Fourteen years

C.

Twenty-eight years

D.

Forty years

Correct option is A

The correct option remains (a) Twenty years.

Explanation:

Under Section 6 of the BNS, 2023 (which corresponds to Section 57 of the old Indian Penal Code), the law provides a mathematical workaround for indefinite sentences. Since life imprisonment is legally defined as the remainder of a person's natural life, it is impossible to calculate "half" or "one-fourth" of a person's life span.

Therefore, for the purpose of calculating fractions of terms of punishment, the Sanhita explicitly states that imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years. This allows the courts to quantify sentences in cases of abetment or attempts where the law prescribes a fractional penalty of the maximum possible term.

Information Booster:

  • The 20-Year Benchmark: This number is a legal fiction created solely for mathematical consistency. It ensures that if a person is convicted for an "attempt" (punishable by half of the maximum term) where the main offence carries life imprisonment, the judge can clearly award a sentence of 10 years.
  • Life means Life: It is crucial to distinguish between Section 6 and the actual duration of a sentence. As held by the Supreme Court in various cases (like Gopal Vinayak Godse v. State of Maharashtra), a sentence of life imprisonment is not automatically a sentence for 20 years; it lasts until the prisoner's death unless the executive government uses its powers of remission.

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