Section 9. Limit of punishment of offence made up of several offences, The Bharitya Nyaya Sanhita, 2023 (BNS)

—(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.

Illustrations.

(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.

(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.

Comments

Section 9 of the Bharitya Nyaya Sanhita, 2023, BNS addresses the limit of punishment for offences made up of multiple components. It ensures proportionality in sentencing and prevents excessive punishment when one act results in multiple offences.

1. Offences Made of Several Parts (Subsection 1):
   If an act is made up of smaller offences, the law prohibits punishing the offender for each part separately unless explicitly stated.
   • Illustration: If a person strikes another 50 times, the punishment is for the entire act, not for each individual blow, avoiding disproportionate sentencing.
2. Multiple Offence Categories (Subsection 2):
   • Clause (a): If an act fits definitions of multiple offences under existing laws, the offender will only face the maximum punishment applicable to one of them.
   • Clause (b): If a combination of actions creates a distinct offence, the court cannot impose a punishment more severe than for any one offence.
   • Illustration: A person beating one victim and accidentally hitting another during the same event may face separate punishments for each distinct act.

This section protects offenders from being excessively penalized for overlapping or compounded offences, aligning sentencing with the principles of justice and fairness.

Corresponding Section

Section 9 of BNS, 2023 corresponds with Section 71 of IPC, 1860.