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Criminal penalties in India
Checked in October 2026 against the Bharatiya Nyaya Sanhita, 2023, English text published by the Ministry of Home Affairs.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How India sets penalties
- The Sanhita states most penalties as 'imprisonment of either description for a term which may extend to' a number of years. 'Either description' means rigorous imprisonment (with hard labour) or simple imprisonment. Most articles set only the maximum, so the court may impose any shorter term.
- Some articles set a minimum: 'not less than ten years but which may extend to imprisonment for life' for rape, for example. Where the Sanhita says 'imprisonment for life' in some provisions, it means the remainder of the person's natural life (see ss. 66 and 104).
- Most penalties also say that the offender 'shall also be liable to fine'. The fine is in rupees and is mentioned here only where a figure appears in the text.
- India has one offence of murder (s. 103) with no degrees. Where the killing is done under grave and sudden provocation, the Sanhita says it is not murder but 'culpable homicide not amounting to murder' (Exception 1 to the definition of murder), punished under s. 105.
- The Sanhita applies throughout India. States have their own special and local laws, which are not shown.
Death penalty: Yes. The Sanhita keeps the death penalty for murder (s. 103), for murder by a person already serving a life sentence (s. 104), for murder by a group on grounds such as race, caste or religion (s. 103(2)), for murder in the course of dacoity (s. 310(3)), and for kidnapping for ransom where death or hurt is threatened or caused (s. 140(2)).
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First-degree murder
Death or imprisonment for life
Murder (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Death, or imprisonment for life
- Fine
- A fine may also be imposed
Murder by a group of five or more persons acting in concert on grounds of race, caste, community, sex, place of birth, language, belief or similar (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Death, or imprisonment for life
- Fine
- A fine may also be imposed
Every member of the group is punished.
Murder by a person already under a sentence of imprisonment for life (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Death, or imprisonment for life meaning the remainder of the person's natural life
India has one offence of murder. The Sanhita defines it in s. 101, and s. 103 sets the same penalty for every murder: death or life imprisonment, with a fine.
Second-degree murder
Imprisonment for life, or 5 to 10 years (culpable homicide not amounting to murder)
Culpable homicide not amounting to murder, where the act is done with the intention of causing death or likely fatal bodily injury (Offence (imprisonment of either description))
- Least
- 5 years (if a fixed term is chosen)
- Most
- Imprisonment for life, or imprisonment of either description for up to 10 years
- Fine
- A fine may also be imposed
Culpable homicide not amounting to murder, where the act is done with the knowledge that it is likely to cause death, but without intention to cause death or likely fatal injury (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 10 years' imprisonment of either description
- Fine
- A fine is also imposed
India has no second-degree murder. 'Culpable homicide not amounting to murder' is the nearest: a killing done with the intention to cause death or likely fatal injury, but not within the definition of murder, or done with only the knowledge that it is likely to cause death.
Voluntary manslaughter
Up to 5 years (death by rash or negligent act) up to life or 5 to 10 years (culpable homicide)
Causing death by a rash or negligent act (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 5 years' imprisonment of either description
- Fine
- A fine may also be imposed
2 years where the act is done by a registered medical practitioner performing a medical procedure.
Culpable homicide not amounting to murder (including a killing under grave and sudden provocation) (Offence (imprisonment of either description))
- Least
- 5 years (if a fixed term is chosen, where death or likely fatal injury was intended)
- Most
- Imprisonment for life, or imprisonment of either description for up to 10 years
- Fine
- A fine may also be imposed
A killing done by a person deprived of self-control by grave and sudden provocation is not murder (Exception 1 to the definition of murder, s. 101). It is culpable homicide not amounting to murder and falls under s. 105. A death caused by a rash or negligent act is a separate, lighter offence (s. 106).
Robbery
Up to 10 years (robbery), up to 14 years on a highway at night, and life for dacoity
Attempt to commit robbery (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' rigorous imprisonment
- Fine
- A fine may also be imposed
Robbery (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 10 years' rigorous imprisonment
- Fine
- A fine may also be imposed
14 years where the robbery is committed on the highway between sunset and sunrise.
Dacoity (robbery by five or more persons together) (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life, or rigorous imprisonment for up to 10 years
- Fine
- A fine may also be imposed
Dacoity with murder (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Death, or imprisonment for life, or rigorous imprisonment of at least 10 years
Dacoity is robbery by five or more persons together. Where one of them commits murder, all of them are punished with death or life.
Burglary
Up to 1 year (house-trespass) up to 3 years (house-breaking), and 10 years where the intended offence is theft
House-trespass (entering another's house to commit an offence or to intimidate) (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 1 year's imprisonment of either description, or a fine of up to 5,000 rupees, or both
Lurking house-trespass or house-breaking (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 2 years' imprisonment of either description
- Fine
- A fine may also be imposed
3 years if done after sunset and before sunrise (s. 331(2)).
Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 3 years' imprisonment of either description, or 10 years where the intended offence is theft
- Fine
- A fine may also be imposed
The Sanhita calls burglary 'lurking house-trespass or house-breaking'. House-breaking is entering a house by force or by an unusual way.
Arson
Up to 7 years (mischief by fire) up to life or 10 years (a dwelling or place of worship)
Mischief by fire or an explosive substance, intending or knowing it likely to damage property (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
Mischief by fire or an explosive substance, intending or knowing it likely to destroy a place of worship, a human dwelling or a place for the custody of property (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life, or imprisonment of either description for up to 10 years
- Fine
- A fine may also be imposed
The Sanhita punishes arson as 'mischief by fire or any explosive substance'. The penalty depends on what is burned.
Aggravated assault
Up to 1 year (hurt) up to 7 years (grievous hurt) up to life (permanent disability)
Voluntarily causing hurt (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 1 year's imprisonment of either description, or a fine of up to 10,000 rupees, or both
Voluntarily causing grievous hurt (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
Voluntarily causing grievous hurt that results in permanent disability or a persistent vegetative state (Offence (imprisonment of either description))
- Least
- 10 years (rigorous imprisonment)
- Most
- Imprisonment for life (the remainder of the person's natural life)
The Sanhita grades injury by 'hurt' (bodily pain, disease or infirmity) and 'grievous hurt' (a list including loss of sight or hearing, loss or permanent impairment of a limb or joint, permanent disfiguration of head or face, a fracture or dislocation of a bone or tooth, and hurt that endangers life or causes 15 days of severe pain).
Rape and sexual assault
At least 10 years up to life (rape), and at least 20 years up to life where the victim dies
Rape (Offence (imprisonment of either description))
- Least
- 10 years (rigorous imprisonment)
- Most
- Imprisonment for life
- Fine
- A fine may also be imposed
Rape that causes the woman's death or leaves her in a persistent vegetative state (Offence (imprisonment of either description))
- Least
- 20 years (rigorous imprisonment)
- Most
- Imprisonment for life (the remainder of the person's natural life)
The Sanhita defines rape in s. 63 as penetration in listed ways, without consent or against the woman's will. The aggravated forms in s. 64(2), such as rape by a police officer within the limits of a police station or on a woman in custody, carry higher penalties.
Kidnapping
Up to 7 years (kidnapping) up to life (to murder) and death (for ransom, with threat or hurt)
Kidnapping from India or from lawful guardianship (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
Kidnapping or abducting a person with intent to confine them secretly and wrongfully (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
Kidnapping or abducting a person in order that they may be murdered or put in danger of being murdered (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life, or rigorous imprisonment for up to 10 years
- Fine
- A fine may also be imposed
Kidnapping or abducting a person and threatening or causing death or hurt, to compel the Government, a person or an organisation to act, or to pay a ransom (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Death, or imprisonment for life
- Fine
- A fine may also be imposed
Embezzlement
Up to 5 years (criminal breach of trust) up to life or 10 years (by a public servant, banker or agent)
Criminal breach of trust (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 5 years' imprisonment of either description, or a fine, or both
Criminal breach of trust by a carrier, wharfinger or warehouse-keeper (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
Criminal breach of trust by a clerk or servant (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
Criminal breach of trust by a public servant, or by a banker, merchant, factor, broker, attorney or agent (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life, or imprisonment of either description for up to 10 years
- Fine
- A fine may also be imposed
The Sanhita calls it 'criminal breach of trust': dishonestly misappropriating, or converting to one's own use, property one has been entrusted with.
Forgery
Up to 2 years (forgery) up to 7 years (forgery to cheat)
Forgery (making a false document or electronic record with intent to cause damage, or to support a claim, or to commit fraud) (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 2 years' imprisonment of either description, or a fine, or both
Forgery intending the document or electronic record to be used for cheating (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 7 years' imprisonment of either description
- Fine
- A fine may also be imposed
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