Sentence may be (in Certain cases of Imprisonment) Wholly or Partly Rigorous or Simple - Section 60

Section 53: Section 53 of the Indian penal code specifically deals with punishments that the court of criminal judicature can impose upon a person if he commits an offence punishable under the Indian penal code. Under section 53 of the India Penal Code, there are five kinds of punishment recognized under the offence.

1. Death;

2. Imprisonment for life;

3. Imprisonment is of two descriptions: Rigorous Imprisonment; or Simple Imprisonment.

4. Forfeiture of property;

5. Fine.

Death penalty: The death penalty or capital punishment is the lethal method of punishment that can be awarded to an individual under any penal law in force in any nation. In the death penalty, a person is executed by the state under due process of law by following a legal. It has been in force from ancient times also. During the  British era, in India, a lot of Indian freedom fighters have been hanged after a trial or even before it. After the  Independence of India, a new era in the judicial system of India happened. Thus  Indians began to have access to a free and fair justice system which was denied during the British era where the British were the authority of all justice systems and of all sources of law of land. Where they can put a man to any sort of punishment.

under the Indian Penal Code death sentence can be awarded in the following cases -

1. For the offence of waging, or attempting to wage war, or abetting the waging of war, against the Government of India. (Section. 121)

2. Abetment of mutiny, if mutiny is committed. (Section 132)

3. If an innocent person suffers death by giving or fabricating false evidence  (Section. 194)

4. Murder (Section 302)

5. For the offence of abetment of suicide of a minor, or  person of insane or intoxicated state (305)

6. If a under sentence of imprisonment for life attempts to murder if hurt is caused (Section 307).

7. Kidnapping for ransom etc. (Section 364A)

8. Dacoity with murder (Section 369)

Imprisonment for life: Life Imprisonment is the sentence for imprisonment which runs throughout the remaining life period of a convict's natural life (till death). But if we analyze we can see that this is not like this when applied. As per Section 55 of the Indian Penal Code, in the instances of every case for which the imprisonment for life sentence has been passed, the appropriate Government should commute the punishment for imprisonment of either description for a period not exceeding fourteen years without the previous consent of the offender. Section 57 lays down that when the states calculate the fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.

Imprisonment- Rigorous and Simple: The term Imprisonment involves refusing the freedom of the person who is imprisoned when such persons are punished by a court of law. They will be held up in prison locked and all the rights are taken away; they are not given any rights which are under Article 21 or 32 of the Constitution of India. They should continue in jail till the end of the imprisonment imposed by the court of law before that they are not allowed to be released from jail. 

According to section 60 of the India Penal Code imprisonment in certain cases, sentences may be wholly or partly rigorous or simple. In certain cases the offender is punishable with imprisonment of either description, the court which sentences such offender is competent to direct that the imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple or any part of such imprisonment shall be rigorous and the rest simple.

Rigorous Imprisonment -: Imprisonment may be rigorous with hard labor. such as digging the earth, cutting wood, etc.  

Section 60 if IPC provides that every case by which the offender is punishable with imprisonment which may be of either description, it will be competent to the Court that confers sentences to such offender to prescribe in the sentence that such imprisonment shall be will be run wholly rigorous, or that such imprisonment shall be wholly simple or that any part of the imprisonment shall be in rigorous and the rest are in simple.

The Indian Penal Code provides for imprisonment as punishment for -

1. The offence  involving  giving or fabricating false evidence with the intent to procure conviction of the  capital offence (Section 194)

2. Trespassing the house in order to commit offence an punishable with death (Section 449)

Simple Imprisonment: Simple imprisonment is imposed on persons in the case of small offences like wrongful restraint, defamation, etc.  In simple imprisonment, the convicted person will not be forced to do any hard manual labour. Offences that are punishable by simple imprisonment are as follows :

1. Refusing to take an oath (Section 178)

2. Defamation (Section 500)

3. Wrongful restraint

4. Misconduct by a person under influence, etc (Section 510)

Thus according to the Indian Penal Code imprisonment can be rigorous and simple. Rigorous imprisonment for a specified duration is awarded for serious offences of the nature such as trespassing of house which is punishable under section 449 or for giving or fabricating evidence which is known to be false for procuring conviction of capital offence (section194). During the rigorous imprisonment term, the convicts are required to do hard labour such as breaking stones, digging the earth, agriculture, carpentry, etc. The object of such punishment is to have a deterrent effect on the criminal behavior of the offender. 

Rigorous imprisonment may be awarded in the case of some cognizable offences those which are more serious offences. In the case of non-cognizable offences normally simple imprisonment is given.

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In Sunil Batra v. Delhi Administration (AIR 1980 SC 1579), the court held that fundamental rights of a person do not flee as he enters the prison although they may shrink by reason of incarceration. Hard labour prescribed in  Section 53 of the IPC  should receive a humane meaning. The prisoners have no right to demand soft jobs but may reasonably be assigned congenial jobs. Sense and sympathy are not enemies of jails.

The Prisons Act, 1894  chapter VIII deals with the prisoners' employment. The Act does not provide for payment of wages to prisoners sentenced to hard labour, but in People’s Union for Democratic Right and others v. Union of India and others (AIR 1982 SC 1473), the Supreme Court held that the constitution of India mandates that the prisoners are to be paid wages for the work done by them. 

However, in  State of Gujarat v. Hon’ble High court of Gujarat (AIR 1998 SC 3164), the Supreme Court clarified again that while undergoing rigorous imprisonment a prisoner should do hard labour as part of his punishment for the offence committed by him, and this punishment is imposed upon him by a court having competent jurisdiction. It is not violative of clause (1) of Article 23 provided by the constitution as it is not similar to a beggar or other types of forced labour. 

Simple imprisonment means putting a person inside prison imposing only light duties and they are not required to do hard labour.  Such prisoners are allotted work only on the basis of their request and by considering their physical fitness. The punishment of simple imprisonment is imposed for lighter offences such as wrongful restraint or defamation.