BNS Section 9: Limit of Punishment of Offence Made up of Several Offences

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 of Bharatiya Nyaya Sanhita

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.