BNS Section 9 - Maximum Penalty For Multiple Offences

Section 9 of the BNS, which emanated from the Bharatiya Nyaya Sanhita, is designed to avoid putting extremely harsh forms of punishment when an offender commits more than one act or connected acts during a single act. It acts basically as a limiting factor upon the extent of accumulation of punishment that could be awarded by the court. Thus, it prevents any excess punishment that could result from punishing each component of a greater offense separately. This provision-with simple words-prevents the punishment of a person multiple times for a single continuous act of wrongdoing. BNS Section 9, in other words, is equivalent to IPC Section 71.

Legal Provision

Section 9 of the IPC ‘Limit of punishment of offence made up of several offences’ states:

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. —
3. 1. Where 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
   2. Where 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:
   3. 1. 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.
      2. 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.

Simplified Explanation Of BNS Section 9

It describes cases dealing with cases that constitute a single or a cluster of acts resulting in dual offenses. What it does is basically set out guidelines that would ensure that a person would not be punished to an extent greater than warranted by the offense. Two principal situations are covered under this Section:

Offence Made Up of Parts

If a single act constitutes multiple offenses, the offender can be punished for only one of those offenses, unless explicitly stated otherwise. Think of it as a single action with multiple parts that are individually illegal. You don't get punished for each part, but for the overall action.

Offence Falling Under Multiple Definitions Or Combined Acts

When an act is covered by more than one definition in law, or whether more than one act merges into another offense, it would not be open to more punishment than that defined for any one such offense. This serves as a restriction on the unreasonable stacking of punishments by way of consecutive sentences.

Key Details Of BNS Section 9

Practical Examples Illustrating BNS Section 9

The examples are:

Example 1 (Multiple Parts)

Considering the illustration provided, A hits Z fifty times with a stick. While any one of the strikes may be legally concluded to have caused injury, A may only be punished for the entire injury and not each individual blow for the injury.

Example 2 (Separate Acts)

If A strikes Z and then separately strikes Y, A will be punished for two separate offenses: causing hurt to Z and causing hurt to Y. These are independent acts, not components of a single act.

Key Improvements & Changes: IPC Section 71 To BNS Section 9

BNS Section 9 is almost identical to IPC Section 71. The major modification is the intent of bringing it up to date, and incorporating it into the new BNS codes. The main purpose of preventing an inordinate punishment for countless offences arising from a single act remains intact. This transition denotes a wider process of simplifying and modernizing the Indian penal code.

Conclusion

To ensure proportionality and fairness in sentencing, BNS Section 9 makes provisions against the aggregate punishments of updated offenses arising from a single act or multiple acts that have some connection with each other. Such prohibitions allow avoidance of oppressive fines and upholding the ends of justice.

FAQs

A few FAQs are:

Q1. Why was IPC Section 71 revised and replaced with BNS Section 9?

The revision is part of a broader effort to modernize and streamline the Indian penal code, using clearer and more contemporary language.

Q2. What are the main differences between IPC Section 71 and BNS Section 9?

Essentially, they are the same in legal principle. The key difference is the transition to the new BNS code and the use of updated language.

Q3. Is BNS Section 9 a bailable or non-bailable offense?

BNS Section 9 is not an offense in itself. It is a provision that limits punishment when multiple offenses occur. The bailable or non-bailable nature of the offenses involved will depend on the specific offenses committed.

Q4. What is the punishment for offense under BNS Section 9?

BNS Section 9 does not prescribe a specific punishment. It limits the cumulative punishment for multiple offenses. The punishment will depend on the specific offenses committed.

Q5. What is the fine imposed under BNS Section 9?

BNS Section 9 does not impose a specific fine. Fines will depend on the specific offenses committed.

Q6. Is the offense under BNS Section 9 cognizable or non-cognizable?

BNS section 9 does not define a specific offense. The cognizable or non-cognizable nature of the offense depends on the specific offense committed.

Q7. What is the BNS Section 9 equivalent of IPC Section 71?

BNS Section 9 is the equivalent of IPC Section 71.