Code: Section 6 BNS
Section 6 – Fractions of Terms of Punishment
In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided.
Explanation of Section 6 BNS
What Does Section 6 BNS Mean?
This provision establishes a fixed calculation method for sentencing. If a legal provision requires calculating a fraction of a life imprisonment sentence, the sentence is considered as 20 years, unless another law states otherwise.
Why is This Rule Important?
- Ensures uniformity in sentencing calculations.
- Helps in determining parole, remission, and early release eligibility.
- Provides a clear guideline for cases where punishments are given in fractions (such as half or one-third of a life sentence).
Key Points to Note
- Life imprisonment does not mean 20 years but is considered as 20 years only for the purpose of fraction calculations.
- If another law specifies a different duration for life imprisonment calculations, that provision will be followed instead.
Illustration of Section 6 BNS
✔️ Example 1: Parole Calculation
A prisoner serving life imprisonment applies for parole, which requires serving two-thirds of the sentence. Since life imprisonment is counted as 20 years for calculations, the prisoner must serve:
(2/3) × 20 = 13 years and 4 months before applying for parole.
✔️ Example 2: Sentence Reduction for Good Behavior
A prisoner serving life imprisonment receives one-fourth remission for good conduct. The reduced sentence is:
(1/4) × 20 = 5 years
Thus, instead of serving a full 20 years (for calculation purposes), the prisoner may be eligible for release after 15 years.
✔️ Example 3: Commutation of Life Sentence
A convict’s life imprisonment sentence is commuted to half the term as per a government order. The new sentence is:
(1/2) × 20 = 10 years
Common Questions on Section 6 BNS
1. Does life imprisonment only mean 20 years?
No. Life imprisonment means imprisonment for the convict’s entire natural life. However, for calculation purposes (such as remission or parole), life imprisonment is considered as 20 years unless otherwise provided.
2. What happens if another law specifies a different calculation?
If another law defines life imprisonment differently, that law will be followed instead of the 20-year rule.
3. Why is life imprisonment treated as 20 years in calculations?
This helps courts, prison authorities, and parole boards uniformly apply sentence reductions, commutations, and remissions.
4. Can a prisoner be released after 20 years automatically?
No. A life imprisonment convict is not automatically released after 20 years unless granted remission, commutation, or parole by the government.
Conclusion
Section 6 of Bharatiya Nyaya Sanhita (BNS) sets a standard method for calculating fractions of life imprisonment sentences by treating life imprisonment as 20 years unless another law specifies differently. This rule ensures clarity in sentence reductions, parole eligibility, and commutation.
🔗 Read more about related sections:
- Section 6 BNS – Fractions of Terms of Punishment
- Section 5 BNS – Commutation of Sentence
- Full BNS Bare Act
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