Section 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.

Comments

Section 10 of the Bharitya Nyaya Sanhita, 2023, (BNS) ensures fairness in sentencing when there is doubt about which specific offence an accused has committed out of multiple possible offences.

1. Core Principle:
   If a court determines that a person is guilty of one among several offences but cannot ascertain which offence specifically, the offender will receive the punishment prescribed for the offence with the least severe penalty.
   • Example: If a person’s act could constitute either a minor or a serious offence, and it is unclear which one applies, the court will impose the punishment for the lesser offence.
2. Safeguard Against Harsh Punishment:
   This provision protects individuals from being unfairly subjected to severe penalties in cases where there is uncertainty regarding the exact offence committed, provided that the punishments differ.

Section 10 of BNS, 2023 upholds the principle of “benefit of the doubt” in criminal justice by ensuring that ambiguity in identifying the exact offence leads to the least severe punishment.

Corresponding Section

Section 10 of BNS, 2023 corresponds with Section 72 of IPC, 1860.