Bharatiya Nyaya Sanhita, 2023 - Chapter II: Of Punishments
Section 9 BNS: Limit of Punishment of Offence Made Up of Several Offences
Section 9 of the Bharatiya Nyaya Sanhita, 2023 restricts cumulative punishment where a single offence is made up of component acts that are themselves offences, where the same conduct falls within two or more offence definitions, or where several acts combine to constitute a different offence.
Bare Act Text of Section 9 BNS
9. Limit of punishment of offence made up of several offences.
(1) 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 his offences, unless it be so expressly provided.
(2) Where—
(a) 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
(b) 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.
Illustration (a).
A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.
Illustration (b).
But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.
Meaning and Legal Effect of Section 9
1. One composite offence should not ordinarily attract repeated punishment for its component parts
Section 9(1) applies where an offence is made up of parts and one or more of those parts independently amount to an offence. Unless the law expressly provides otherwise, the offender is not to be punished separately for more than one of those offences. The provision therefore limits cumulative punishment for overlapping components of the same criminal conduct.
2. Overlapping statutory definitions do not permit a more severe cumulative punishment
Section 9(2)(a) covers conduct that falls within two or more separate offence definitions under a law in force. In such a case, the punishment cannot be more severe than the punishment the trial court could award for any one of those offences.
3. Several acts may combine to form a different offence
Section 9(2)(b) applies where one or more acts are offences by themselves but, when combined, constitute a different offence. Even in that situation, Section 9 restricts the severity of punishment to the maximum that the court could award for any one of the offences falling within the provision.
4. Separate and distinct acts may still attract separate punishment
Illustration (b) makes the boundary clear. Where an additional act is not part of the act constituting the first offence, separate punishment may be imposed for that distinct offence. Thus, Section 9 does not create a general immunity from punishment for multiple independent criminal acts.
How Section 9 Operates
| Situation | Effect under Section 9 |
|---|---|
| A single offence is made up of parts that are themselves offences. | More than one punishment for those component offences is barred unless expressly provided by law. |
| The same conduct falls within two or more offence definitions. | The offender cannot receive a punishment more severe than what the court could award for any one such offence. |
| Several acts are offences individually and also combine into a different offence. | The same statutory limit on severity of punishment applies. |
| An additional act is separate from the conduct forming the first offence. | Separate punishment may be imposed for the distinct offence. |
Illustrations Explained
Fifty strokes forming one beating
The first statutory illustration treats the fifty strokes as parts of one beating for the purpose of punishment. Although each blow may independently amount to hurt, the illustration states that the offender is liable to one punishment for the whole beating, rather than a separate punishment for every individual blow.
A separate blow against another person
The second illustration distinguishes a new and independent act. If A, while beating Z, intentionally strikes Y when Y intervenes, the blow to Y does not form part of the act causing hurt to Z. A may therefore receive one punishment for the hurt caused to Z and another punishment for the separate blow against Y.
Section 9 BNS in Brief
Related BNS Provisions
Section 9 forms part of Chapter II on punishments and may be read with Section 4 on punishments, Section 8 on fine and default of payment, and Section 10 on punishment where it is doubtful which of several offences was committed.