Bharatiya Nyaya Sanhita, 2023 - Chapter II: Of Punishments
Section 10 BNS: Punishment When It Is Doubtful Which Offence Was Committed
Section 10 of the Bharatiya Nyaya Sanhita, 2023 applies when a court gives judgment that a person is guilty of one of several offences identified in the judgment but cannot determine which particular offence was committed. Where those offences carry different punishments, the offender must receive the punishment prescribed for the offence carrying the lowest punishment.
Bare Act Text of Section 10 BNS
10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which.
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.
Meaning of Section 10 BNS
Section 10 addresses uncertainty at the stage of judgment. The court has reached the conclusion that the accused is guilty of one among a defined group of offences, but the evidence does not permit a conclusive finding as to which one of those offences has been committed. The section then controls the punishment that may be imposed.
When Section 10 Applies
| Requirement | Meaning |
|---|---|
| A judgment has been delivered. | The rule operates when the court records its finding in the judgment. |
| The person is found guilty of one of several offences. | The court must identify the possible offences in the judgment. |
| There is doubt as to which offence was actually committed. | The uncertainty is between the offences specified by the court. |
| The possible offences carry different punishments. | The punishment for the offence carrying the lowest punishment must be applied. |
The Lowest Punishment Rule
The phrase "lowest punishment" is the operative safeguard in Section 10. It prevents a court from imposing the higher punishment attached to one of the possible offences when the court itself remains uncertain whether that more serious offence is the one actually committed.
If all the offences identified in the judgment carry the same punishment, the special lowest-punishment direction does not alter the sentencing position because there is no difference in the prescribed punishment. If the punishments differ, the lower one governs.
Practical Effect of Section 10
The provision creates a sentencing rule for cases of legally recognised uncertainty. It does not authorise punishment for an offence outside those specified in the judgment. Instead, once the court concludes that guilt exists as to one among several specified offences but cannot identify which one, Section 10 directs the court toward the least severe punishment applicable among them.
Difference Between Section 9 and Section 10 BNS
| Provision | Subject | Main Rule |
|---|---|---|
| Section 9 | One offence made up of parts, overlapping offence definitions, or several acts combining into another offence. | Limits cumulative or excessive punishment for overlapping offences. |
| Section 10 | Judgment finds guilt of one of several offences but it is doubtful which particular offence was committed. | Apply the punishment for the offence carrying the lowest punishment where the punishments differ. |
Section 10 BNS in Brief
Section 10 is a protective sentencing provision. It applies only where the judgment itself records that the offender is guilty of one of several specified offences while leaving unresolved which one. Where the possible offences do not carry identical punishments, the law requires punishment according to the offence with the lowest punishment.
Related BNS Provisions
Section 10 forms part of Chapter II on punishments and may be read with Section 8 on fine and default of payment, Section 9 on limits of punishment for offences made up of several offences, and the provisions that follow concerning sentencing and punishment.