Section 10 of BNS: Punishment of Person Guilty of One of Several Offences, Judgment Stating That It Is Doubtful of Which

Definition of BNS Section 10

In all cases in which judgement is given that a person is guilty of one of several offences specified in the judgement, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

Explanation and Illustration of Section 10 of Bharatiya Nyaya Sanhita

Section 10 of BNS 2024 While an individual is convicted of one of many crimes against which the accused is charged but could only be said to have been convicted on one of them, sets guidelines for sentencing. It aims at safeguarding the rights of the accused in case the prescribed punishment is not aligned with the least stringent option available in case the judgement itself is ambiguous. Here is an explanation of the same:

• Uncertainty of Guilt:

  In case a judgement convicts a person of one among the several offences charged but fails to specify the particular offence, Section 10 stipulates that the sentence imposed should also reflect this uncertainty. This principle is such that in a case where the evidence may not support the charge fully, the harsher punishment must not be pronounced.

• Lowest Punishment Principle:

  If the various offences attract different levels of punishment, the offender will be sentenced to the lowest punishment provided for any of the offences. Such a principle upholds the fairness in the legal process, making sure that no person is unfairly penalised simply because their guilt was unclear. Here is an Illustration for the same

• Assume an individual is charged with three offences:

  • Offence A, which attracts a maximum of five years imprisonment
  • Offence B, which attracts a maximum of three years
  • Offence C, with a maximum of one year

• If the court finds that the offender committed one of the crimes but cannot determine which, then Section 10 requires that the offender be punished under Offense C, which has the least severe punishment-one year.
  
  This is to punish fairly and equitably reflecting the ambiguity as to which offence he committed. By such provision, BNS aims to ensure a fairer judicial process, above all in upholding the principles of justice and proportionality in a sentence.

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