What does "rigorous imprisonment of either description" mean in Section 64(1) of BNS?

I have a doubt. For rape cases, in Bharatiya Nyaya Sanhita, in section 64(1), the term "rigorous imprisonment of either description" has been used. How rigorous imprisonments can is of either description? Is it a drafting error? What are its judicial and legal scholar’s interpretations?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 06 Feb 2025

Rigorous imprisonment of either description means a imprisonment which include a hard labour and that hard labour depends upon the descrition of the court . and it is one of the type of punishment provided under the BNS.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 21 Jan 2025

Rigorous imprisonment of either description means the court has the discretion to decide whether the imprisonment will involve hard labor, depending on the severity of the case. This provision ensures flexibility in sentencing and is not a drafting error.

Admin
Advocate By LEAD INDIA Answered: 21 Jan 2025

Sir, rigorous imprisonment of either description means the court can decide if the imprisonment involves hard labor or not, based on the case's severity. It allows judicial discretion in sentencing, ensuring flexibility without being a drafting error. For further legal assistance contact us on our helpline number.

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