BNS 9 — Limit of punishment of offence made up of several offences.

Bharatiya Nyaya Sanhita, 2023

Statutory text

9. (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.
Punishment of person guilty of one of several offences, judgment
stating that it is doubtful of which.

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