IPC 57 and BNS 57 – Fractions of Punishment in Criminal Law
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 57
Fractions of terms of punishment
About IPC Section
Section 57 of the Indian Penal Code (IPC), 1860, deals with how fractions of punishment terms are to be calculated. It provides that in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.
This section is not meant to redefine life imprisonment, which normally means imprisonment for the convict’s natural life. Instead, it provides a legal fiction for limited purposes, such as calculating fractions of punishment in cases of remission, commutation, or when applying provisions of the IPC and Code of Criminal Procedure (CrPC).
For example, if a law requires computing half or one-third of the maximum punishment, and the punishment is life imprisonment, then for calculation purposes, life imprisonment is treated as 20 years. This avoids confusion and creates uniformity in sentencing calculations.
However, Section 57 does not affect the substantive meaning of life imprisonment. Courts, including the Supreme Court, have clarified that life imprisonment means imprisonment till the last breath unless properly remitted or commuted. Section 57 is only a technical provision for arithmetic purposes.
Section: BNS 57
Fractions of terms of punishment
About BNS Section
Section 57 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the same principle as IPC 57. It provides that for the purpose of calculating fractions of punishment, imprisonment for life shall be reckoned as equivalent to twenty years.
The BNS continues this provision to maintain clarity in sentencing computations. For instance, when a convict is eligible for parole, remission, or commutation, and the law requires calculating “one-half of the maximum punishment,” the reference point for life imprisonment becomes twenty years. This allows uniformity in the administration of justice and prevents arbitrary interpretations.
Like in the IPC, this provision does not change the actual meaning of life imprisonment under the BNS, which continues to mean imprisonment for the remainder of a convict’s natural life, unless lawfully remitted or commuted. Section 57 BNS serves only as a technical guide for fractional calculations.
The retention of this section highlights its continued relevance in ensuring consistency across sentencing, remission, and parole frameworks.