What Is BNS Section 9?

Bharatiya Nyaya Sanhita, 2023 - Section 9: Limit of punishment of offence made up of several offences.

BNS Section 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.

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.

Brief Detail

BNS Section 9 addresses the limits of punishment when an offence comprises multiple parts or acts. It stipulates that an offender cannot be punished more severely than the Court's maximum penalty for any single offence if the offence involves multiple acts or definitions. This section ensures that an offender is not punished multiple times for the same criminal act, except as specifically provided by law.

Question & Answers

1. What does BNS Section 9 state about offences made up of parts?
   BNS Section 9 states that if an offence is composed of multiple parts, each part of which could individually be an offence, the offender cannot be punished for more than one of these offences unless expressly stated otherwise.
2. How does BNS Section 9 handle offences that fall within multiple definitions?
   The section specifies that if an act constitutes an offence under multiple definitions or when combined with other acts creates a different offence, the offender cannot receive a punishment more severe than the Court's maximum for any one of these offences.
3. What is the purpose of the Illustrations provided in BNS Section 9?
   The Illustrations demonstrate how the principle of limiting punishment applies in practice, showing that an offender is punished only once for a series of related acts and how separate acts result in distinct punishments.
4. Can an offender be punished multiple times for each part of an offence?
   No, an offender cannot be punished multiple times for each part of an offence. They are only liable for one punishment for the entire offence, unless expressly provided otherwise by law.
5. What happens if an offender commits multiple separate offences?
   If separate offences are committed, the offender may be punished for each distinct offence, but the overall punishment cannot exceed what the Court could award for the most severe single offence.

Example

1. A person who repeatedly strikes another person with a stick is liable to a single punishment for the entire act of causing hurt, rather than for each individual strike. However, if the person strikes a third party during the same incident, they may be punished separately for each distinct act.
2. If someone commits multiple criminal acts that individually fall under different definitions, such as theft and assault during the same event, the total punishment cannot exceed what the Court would award for the most severe individual offence.