BNS Section 10 - Punishment For Multiple Offences With Doubtful Judgment

The Bharatiya Nyaya Sanhita (BNS) is a landmark legislation bringing into focus the reform of the criminal justice system in India. Among its provisions, Section 10 deals with a peculiar situation: when the court is satisfied that the individual is guilty of one out of several possible offences, but is not certain which point is worthy of conviction. Accordingly, this section lays down the guidelines for punishment in cases of "doubtful conviction."

Besides being critical for sustaining fairness in administering justice, this also assists in preventing arbitrary punishment where clear guilt cannot be balanced with that measure of certainty. BNS Section 10 supplements the erstwhile Indian Penal Code Section 72.

Legal Provision

Section 10 of the BNS ‘Punishment For Multiple Offences With Doubtful Judgment’ states:

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.

Simplified Explanation Of BNS Section 10

It would be prudent to analyze BNS Section 10 on the premise of the existence of a case in which a person was found guilty of an act that has an affinity for being characterized under a number of related offences, either as theft or extortion, but not conclusively establishing which of the two had probably happened.

Here's a breakdown of the key components of the section in simple terms:

Guilty Of One Of Several Offences

The court must find a person guilty of at least one of the offences listed above. It is not acquitting, but acknowledging guilt.

Doubtful Of Which Offence

The defining quality is that the court is unable to identify with certainty the specific offence committed. Such genuine doubt must be based on the available evidence.

Lowest Punishment Rule

Here, in cases of doubt, the offender would receive the punishment for the offence with the least punishment. This has specifically been created to protect him from the most severe penalty when he doesn't clearly know what crime he has committed.

Equal Punishments

If all the offences provided punishments, then the court may proceed with the same punishment only.

Key Details Of BNS Section 10

Practical Examples Illustrating BNS Section 72

The examples are:

Theft vs. Criminal Breach of Trust

Imagine a cashier at a store found caught in having misappropriated funds and can either be said to have misappropriated the money theft or embezzlement by abusing his/her position of trusted offices. In the absence of clear demarcation on these two offences, if the lesser punishment is for theft, he will be punished accordingly.

Assault vs. Grievous Hurt

Violent acts are made whereby one person hurts another. The physical injury is investigated by the court to consider whether it is a simple assault or a grievous hurt. If the evidence is not clear, however, the case will be decided for assault based on the lower punishment associated with simple assault.

Key Improvements and Changes: IPC Section 72 to BNS Section 10

What has changed in IPC transitioning into BNS is the broader endeavor of modernization and streamlining criminal law within India. BNS Section 10 is equivalent of IPC Section 72. The BNS seeks more precise articulation, less ambiguity, and adaptation for modern times. It is that the core idea is retained, but in the full system of BNS, much better clarity is intended than what one can produce with the IPC. So while one concept remains in its core form, BNS instead offers a modernized legal regime.

Conclusion

BNS Section 10 is a vital provision that underscores the principle of fairness in criminal law. It acknowledges the complexities of legal proceedings and provides a practical solution for situations where absolute certainty about the specific offence is elusive. By mandating the application of the lowest possible punishment in cases of doubtful conviction, this section safeguards against potential injustices and ensures that individuals are not subjected to disproportionate penalties.

FAQs

A few FAQs are:

Q1. Why was IPC Section 10 revised and replaced with BNS Section 10?

The broader revision from IPC to BNS is aimed at modernizing India's criminal law, making it more relevant to contemporary challenges and reducing ambiguities. BNS section 10 carries forward the same concept of IPC section 72 but under the new code.

Q2. What are the main differences between IPC Section 72 and BNS Section 10?

The core principle remains the same. The difference is the entire legal framework around it. The BNS as a whole provides a more modern and organized structure.

Q3. Is BNS Section 10 a bailable or non-bailable offence?

BNS Section 10 itself does not define a specific offence. It provides a rule for sentencing when there's doubt about which offence was committed. The bailability of the underlying offence will determine whether the accused can be granted bail.

Q4. What is the punishment for offence under BNS Section 10?

BNS Section 10 does not prescribe a specific punishment. It dictates that the punishment should be the lowest among the possible offences when there's doubt. Therefore, the punishment depends on the penalties prescribed for the potential offences in question.

Q5. What is the fine imposed under BNS Section 10?

Similar to the punishment, the fine is determined by the specific offences being considered. BNS Section 10 itself does not impose a separate fine.

Q6. Is the offence under BNS Section 10 cognizable or non-cognizable?

BNS Section 10 is not an offence itself. The cognizability depends on the underlying offences.

Q7. What is the BNS Section 10 equivalent of IPC Section 72?

BNS Section 10 is the direct equivalent of IPC Section 72.