BNS Section 9: Limit of Punishment of Offence Made up of Several Offences
Section 9 of BNS is part of CHAPTER 2 OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It addresses the complexities surrounding the punishment of offences composed of multiple parts, each of which may constitute an offence in its own right. This provision ensures that offenders do not receive harsher punishments since their actions fall within the scope of different legal definitions. For example, it provides that unless otherwise clearly stated, a person cannot be punished for more than one of the offences in question. In addition, where several acts combine to form a particular offence, the punishment must not exceed the maximum penalty that may be applied for any of the individual offences. This affirms the principles of fairness and proportionality in the process of judicial proceedings in presenting a more just legal framework.
Definition of BNS Section 9
- Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such offences, unless it be so expressly provided.
Where—
Anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished; or
Several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences.
Explanation and Illustration of Section 9 (Bharatiya Nyaya Sanhita, 2023)
The Section insists on the importance of equity and proportionality in sentencing; therefore, no one should be compelled to receive disproportionate punishment for similar offenses. Please find below the explanation with illustrations as examples that help to clearly show how to apply this section.
Explanation
If the offence involves a number of acts which might themselves be offenses then the law requires that there must only be one punishment. Thus this would avoid the danger of a number of potentially disparate sentences arising out of a regime that punishes each as an offence.
If several acts fall within the scope of one legal definition, or if several acts together create a new offence, then the punishment cannot exceed what might have been imposed for any one of those offences. In this way, justice will be fair, and offenders will not be punished more severely than their actions deserve.
Example A: If A beats Z fifty strokes over, A will be punishable for the crime of giving harm as a whole beating, but not for each blow. Then, A will get only one conviction instead of possibly receiving a piling together with every blow.
Example B: If A, in the case of beating Z, also commits an assault on Y, this offence shall be counted as a different offence as against Z. Then A shall have one penalty for attacking Z and another for attacking Y.
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 for BNS Section 9
BNS-09 addresses cases where an act constitutes multiple offences or where different parts of an act are offences, preventing excessive punishment
- The section ensures an offender is not punished multiple times for essentially the same act, unless allowed by law
- Offenders cannot be punished separately for each part of a crime unless explicitly stated by law
- Example: In a robbery that includes theft and violence, punishment is typically for robbery as a whole, not separately for theft and violence.
- If a single act violates multiple legal provisions, punishment cannot exceed the maximum for one of the offences
- Example: For an act defined as both theft and breach of trust, the Court imposes punishment based on the maximum for one offence only.
- When multiple acts combine to form a new offence, punishment will not exceed the maximum for any one individual offence.
- Example: If a person commits trespass and theft, the sentence will be based on the greater punishment for either trespass or theft, but not exceed that.
- BNS-09 prevents ‘double jeopardy,’ ensuring no double punishment for the same actions unless specified by law
- This principle promotes fairness and proportionality in sentencing
- An offence is an act or omission that violates the law and is punishable
- Punishment is the penalty imposed for committing an offence, which can include fines, imprisonment, or community service
- Multiple definitions of an offence refer to an act fitting the description of two or more offences under different legal sections
- A combination of offences occurs when multiple acts, each potentially an offence, combine to create a different or more severe offence
- The provision protects offenders from multiple punishments for the same wrongdoing
- Judicial discretion allows the Court to choose the most suitable penalty without exceeding legal limits
- It clarifies cases where the same act may fall under various legal definitions, preventing repeated punishment for a single crime.
Differences Between Section 9 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 9 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 |
|---|---|---|---|
| 9 | Limit of punishment of offence made up of several offences. | 71 | No change |
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FAQs about Section 9 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 9 of the BNS Act?
Section 9 of the Bharatiya Nyaya Sanhita (BNS) 2024 addresses the complexities surrounding the punishment of offences composed of multiple parts, each of which may constitute an offence in its own right
What offence is defined under BNS 9 ?
Section BNS – Limit of punishment of offence made up of several offences.
Section 9 of BNS is Part of which chapter in Bharatiya Nyaya Sanhita 2023 ?
Section 9 of BNS is part of CHAPTER II OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act
What does BNS Section 9 say about offences made up of parts?
BNS Section 9 states that if an offence consists of several parts, each of which could be an offence by itself, the offender cannot be punished for more than one of those offences unless otherwise provided.
How does BNS Section 9 deal with offences that fall within multiple definitions?
The section provides for the fact that if any act forms an offence upon more than one definition and when taken with another act forms a different offence. Then the offender cannot be charged with a punishment graver than the Court's maximum for any one of said offences.
What are illustrations provided in BNS Section 9?
The illustrations will show how the principle of limiting punishment applies in practice, that an offender is punished only once for a series of related acts and how separate acts result in distinct punishments.
Can an offender be punished multiple times for each part of an offence?
No, an offender cannot be punished multiple times for each part of an offence. He is liable for only one punishment for the whole offence unless otherwise provided by law.
If an offender commits several different offences?
If separate offences are committed, the offender may be punished for each distinct offence, but the total penalty cannot exceed what the Court could award for the most serious single offence.
