Section 9 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 9 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the limitation on punishment when a single act comprises multiple offences. It aims to prevent disproportionate sentencing for composite actions.
Text of Section 9
Limit of punishment of offence made up of several offences
Where an act constitutes an offence made up of parts, each of which is itself an offence, the offender shall not be punished for more than one of these offences, unless expressly provided otherwise.(
Where:
(a) an act falls under two or more separate definitions of any law in force; or
(b) several acts, each constituting an offence, combine to form a different offence,
Illustrations
Example (a): If A gives Z fifty strokes with a stick, A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each individual blow. However, A is liable only to one punishment for the entire act, not fifty separate punishments
Example (b): If, during the beating of Z, A intentionally strikes Y, this act is distinct from the assault on Z. Therefore, A is liable to one punishment for causing hurt to Z and another for the blow to Y
Legal Context
This provision corresponds to Section 71 of the Indian Penal Code, 1860, which similarly limits punishment for offences made up of several parts.
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