Section 10 of BNS: Punishment of Person Guilty of One of Several Offences, Judgment Stating That It Is Doubtful of Which
Section 10 of BNS is part of CHAPTER 2 OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It addresses situations where a judgement finds an individual guilty of one among several possible offences, but it remains uncertain which specific offence was committed. This provision tries to ensure that there is fair sentencing by stating that where the offences attract different punishments, the offender should be punished with regard to the offence carrying the least severe punishment. Such an approach promotes justice in the sense that there will be protection against undue severe penalties where the nature of the offence is obscure.
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 (Bharatiya Nyaya Sanhita, 2023)
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.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 10
Section 10 of Bharatiya Nyaya Sanhita, 2023 deals with one of several offences committed for which the person is held guilty with an unknown nature of the specific offence committed by that person. This provision has been made so that there can be just and fair punishment for something when the very offence seems unknown.
Judgement on More Than One Offence:
Principle of Lowest Punishment
Identical Punishment for All Offences:
Differences Between Section 10 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 10 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 10 | Punishment of a person guilty of one of several offences, the judgement stating that it is doubtful of which. | 72 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
Expert Help:
Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
Simple and Clear:
We break down all the legal jargons into simple language, so you can easily understand what steps to take.
Personalised Service:
Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
Experienced Team:
We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 10 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS 10?
BNS Section – Punishment of person guilty of one of several offences, judgement showing it doubtful which
Section 10 of BNS is part of what chapter in Bharatiya Nyaya Sanhita 2023?
Section 10 of BNS falls under CHAPTER II OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act
What is the new part of BNS?
Main amendments of the BNS2 include: Offences against the body: The IPC has provided criminalisation of homicide, abetment of suicide, causing hurt or grievous hurt. The BNS2 retains the same. It introduces new offences that include organised crime, terrorism, and murder or causing grievous hurt by an association on specific grounds.
What part of BNS is bailable?
Section 132 of the BNS Act is a bailable offence. Classification as bailable also includes the right on the part of the accused to apply for bail, which, as conceded by the Crown counsel, should be allowed except for special reasons to withhold.
What does BNS Section 10 provide for?
BNS Section 10 provides for the punishment of a person found guilty of one of several offences when it is doubtful which particular offence he has committed.
What does the BNS Section 10 provide in respect of punishment?
The penalty is founded on the offence, for which the smallest penalty is prescribed if the same penalty does not apply to all offences enumerated in the judgement.
Provided, all offences have the same penalty?
If the offences all carry the same penalty, the accused shall be punished as though convicted of any of those offences. In a judgement convicting an individual of theft, assault, and vandalism but fails to specify which offence he or she is guilty of, and the punishments are 3 years, 2 years, and 1 year respectively, the criminal would be given a sentence of 1 year as this is the lowest punishment amongst the offences specified.
