Section 10 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 10 of the Bharatiya Nyaya Sanhita (BNS), 2023:
๐ Section 10: Punishment of Person Guilty of One of Several Offences, Judgment Stating That It Is Doubtful of Which
Text of Section 10:
In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, 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.(
โ๏ธ Purpose and Rationale
Section 10 addresses situations where a court finds that an individual has committed one of several possible offences, but cannot definitively determine which specific offence was committed. This provision ensures that the accused is not subjected to a harsher penalty due to the ambiguity in the offence committed. Instead, the individual is sentenced to the least severe punishment associated with any of the possible offences. This approach upholds the principles of fairness and justice in sentencing
๐ Practical Application
Scenario:
Offence A: Punishable with imprisonment for 5 years.
Offence B: Punishable with imprisonment for 3 years.
Offence C: Punishable with imprisonment for 1 year.
If the court determines that the accused committed one of these offences but cannot ascertain which one, Section 10 mandates that the individual be sentenced to the punishment for Offence C, which carries the least severe penalty of 1 year.
๐ Historical Context
Section 10 of the BNS, 2023, mirrors Section 72 of the Indian Penal Code (IPC), 1860, which similarly addresses cases where the specific offence committed is uncertain. This continuity ensures consistency in the legal framework while modernizing and consolidating the provisions related to offences.
โ ๏ธ Key Considerations
Ambiguity in Offence: This provision applies only when the court is uncertain about which specific offence was committed.
Different Punishments: The offences involved must carry different levels of punishment for this section to be applicable.
Fairness in Sentencing: The primary goal is to prevent the imposition of a harsher penalty when the exact nature of the offence is unclear.(
๐งพ Summary
Section 10 of the BNS, 2023, ensures that in cases where an individual is found guilty of one among several possible offences, but the specific offence cannot be determined, the accused is punished with the least severe penalty associated with any of the offences. This provision promotes fairness and justice by safeguarding against disproportionate sentencing in situations of legal ambiguity
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