Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.
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.
Example:
Vijay was accused of multiple offences and even proven guilty, however, it was unclear and doubtful which exact offence out of all the offences was committed by him. He was punished for the offence which had the least amount of punishment, out of all the punishments.
Key Points of BNS-10
BNS-10 of the Bharatiya Nyaya Sanhita, 2023 addresses situations where a person is found guilty of one among several offences but there is uncertainty about which specific offence they are guilty of. This provision aims to ensure fair and just punishment in cases where the exact nature of the crime committed is unclear.
1. Judgment of Multiple Offences:
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Scenario: A person is found guilty of several offences as listed in a judgment, but there is ambiguity or insufficient clarity about which specific offence they committed.
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Implication: In such cases, the Court must decide on the appropriate punishment.
2. Lowest Punishment Principle:
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Key Principle: If there is doubt about which of the several offences the person is guilty of, the Court shall impose the punishment corresponding to the offence that carries the lowest maximum penalty.
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Purpose: This principle is designed to avoid imposing a harsher punishment when the exact offence is unclear and to ensure fairness in sentencing.
3. Equal Punishment for All Offences:
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Condition: If all the offences listed carry the same maximum punishment, the Court may not need to apply this principle. In such cases, the uniform punishment would apply irrespective of the exact offence committed.
Practical Implications:
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Ensuring Fairness:
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The principle ensures that individuals are not unfairly subjected to severe penalties when the exact nature of their guilt is uncertain. It promotes a fair approach by opting for the least severe punishment among the potential offences.
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Clarity in Sentencing:
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This provision provides clarity and a standardized approach in sentencing when multiple offences are involved but the precise offence is ambiguous.
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Legal Safeguard:
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It acts as a legal safeguard against the risk of excessive punishment in situations where the Court cannot definitively determine the specific offence committed by the accused.
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Key Definitions:
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Judgment: The formal decision or ruling given by a Court regarding the guilt of an offender.
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Offence: A criminal act or omission that is punishable under law.
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Punishment: The penalty imposed on an offender by the Court.
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Lowest Punishment: The least severe penalty prescribed for any of the offences for which the offender is found guilty.
Example:
Suppose an individual is found guilty of an act that could be classified as either theft, burglary, or vandalism, but it is unclear which specific offence applies. If theft carries a maximum penalty of 2 years, burglary 5 years, and vandalism 3 years, the Court would impose the penalty for theft (the lowest punishment) since there is doubt about which exact offence was committed.
Conclusion:
BNS-10 ensures that when a person is convicted of multiple offences but there is uncertainty about which specific offence they committed, the Court will impose the punishment corresponding to the offence with the lowest penalty. This approach is intended to uphold fairness and prevent unjustly harsh penalties in cases of legal ambiguity.
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