Section 10 of Bharatiya Nyaya Sanhita (BNS)

Section 10: Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which.

• when the court has convicted the accused of several offences specified in the decision, but the specific one has not been established.

• Where two or more offences carry different sentences, the convicted offender shall be sentenced for the least serious offence.

Introduction of Section 10

In instances where a conviction is rendered for one or more of the offences enumerated while the court is unable to ascertain the particular offence that the accused is culpable of, BNS Section 10 provides for the manner of sentencing. In other words, in case there are several offences, each attracting varying sentences, the accused in such a case will be sentenced for the offence which attracts the least sentence.

Whenever a court determines that an individual has committed one of the several crimes stated in its judgment, but does not establish beyond reasonable doubt which of these crimes he or she has committed, the accused shall be convicted on the basis of the least punishable offence, where applicable and where not applicable, the offence for which the least punishment is prescribed.

Punishment When There’s Doubt About the Offence

As specified in the BNS Section 10, the court has been granted the power to distribute punishment in instances where the conviction is made on the basis of related but not precisely defined crime. This suggests that, in the case where the offence is somewhat to a large extent shown to have existed, the court would impose sanction for that particular offence.

Example 1:

Vijay was charged with many crimes, but it wasn’t clear exactly which crime he committed. Because of this doubt, the court gave him the smallest possible punishment for the crime.

Example 2:

Imagine someone is guilty of a crime, but it’s not clear if it’s theft, burglary, or vandalism. In this case, the court would give the least possible punishment, like two years for theft, instead of a harsher sentence like five years for burglary or three years for vandalism. The court chooses the lightest punishment when they aren’t sure exactly which crime was committed.

Key Points of BNS Section 10:

1. Dealing with Unclear Offences
   • The court has the power to determine the sentence for acts that are proved beyond reasonable doubt even where it is not clear which actual crime the accused has committed.
2. Judgment Based on What’s Certain
   • The judicial authority shall impose a penalty on the individual for the evidence that is most clearly established beyond a reasonable doubt: this may ensure that the individual will not escape penalty owing to some misgivings.
3. Example
   • Where a person is found in possession of stolen property but it is impossible to tell which specific property they may have stolen then the law may punish for the proven facts, instead of allowing the person to walk free. 
4. Preventing Escape from Punishment
   • This rule helps make sure people don’t get away with crimes just because some details are missing.
5. Fair Punishment Despite Doubt
   • If some details are unclear, the court can still decide on a fair punishment. They base the punishment on the facts that are known for sure.

Key Definitions

1. Judgment – A decision made by a court about whether a person is guilty or not guilty of a crime.
2. Offence – An action (or lack of action) that breaks the law and can be punished.
3. Punishment – Sentence or Penalty given by Court to the one who is found guilty of a crime.
4. Lowest Punishment – The smallest possible penalty given for a crime that has been proven against the person.

Practical Implications

1. Ensuring Fairness:

• This rule makes sure people don’t get too harsh a punishment if it’s unclear exactly what they did wrong. It helps keep things fair by giving the smallest punishment when there are different possible crimes.
   

2. Clarity in Sentencing:

• In circumstances where there is more than one offence involved but not specified, this clause also offers an understanding and a standardization of a uniform punishment applicable.
   

3. Legal Safeguard:

• It is a safeguard against the risk of heavy sentence where the defendant’s specific offense is indeterminate to the court.

Conclusion

The arguments outlined provide clarity on what constitutes just sentencing especially in instances where the actus reus of the accused is not clearly identified as pronounced in Bharatiya Nyaya Sanhita (BNS) Section 10. This clause shields people against disproportionate punishment in situations where convictions are unclear by requiring the least serious penalty among all possible offences. 

Additionally, it keeps criminals from avoiding justice because of ambiguous or insufficient evidence, advancing a fair and just legal system. Section 10 of BNS defends the fundamentals of justice not only in the conviction stage of the process but also in the sentencing stage.

Frequently Asked Questions on Section 10 of Bharatiya Nyaya Sanhita

Q1. What is the content of Section 10 of the Bharatiya Nyaya Sanhita (BNS)?

Ans1. Section 10 of Bharatiya Nyaya Sanhita (BNS) specifically speaks about the situation when more than one offence is proven against an individual, but the specific offence which they are found guilty of is not ascertained. In such situations, the court adopts the least possible punishment, in view of the possible offences that can be imputed.

Q2. What happens if the court is unsure which offence was committed under BNS Section 10?

Ans2. In the case that the court is unable to ascertain the precise offence that was committed, the defendant is punished for the least serious of the several offences specified, as per Section 10 of BNS.

Q3. How does BNS Section 10 prevent excessive punishment?

Ans3. Section 10 of BNS prevents any arbitrary increase in the punishment of an individual by directing the tribunal to impose a Sisyphean effort of discerning between the various offences without identifying the specific one.

Q4. Does BNS Section 10 apply when multiple offences carry different sentences?

Ans4. Yes, it is true that BNS Section 10 applies in situations where there are several offences with different penalties as it is reasonable not to expect a more severe penalty than the one for which the offender has been accused. The accused will therefore be sentenced for the crime that has the least degree of punishment, in respect of which the court is not able to tell.

Q5. Why is BNS Section 10 important in the Indian legal system?

Ans5. BNS Section 10 is also very relevant in that the provision ensures that, even if all the particulars are not specifically proved, the person is not left free. This provision seeks to address the issue of justice in sentencing and prevents cases of wrongful discharge.

Q6. Can someone escape punishment under BNS Section 10 due to unclear offences?

Ans6. No, In other words, thanks to BNS Section 10, an affronted Court does not mean lack of plausible and logical evidence entailing the specific crime by which a person may be charged. They will be sentenced based on the least serious offence.

Q7. What is the main principle of sentencing under BNS Section 10?

Ans7. The underlying tenet of the provision BNS Section 10 is that where there is uncertainty regarding the precise offence committed, the accused will be convicted of the least serious offence on the charge sheet.

Q8. How does BNS Section 10 promote fair judgment?

Ans8. Through this provision, BNS Section 10 promotes justice for all by ensuring that a convict is only punished for the clearest and most evidentially established crimes and by preventing excessive punishment in the face of vagueness.

Q9. What example illustrates the application of BNS Section 10?

Ans9. For example, a person is charged and found guilty of several offenses: theft, burglary and criminal mischief, but the court cannot tell which crime was actually perpetrated. The court would sentence the convicted thief even though he was charged with more serious offences.

Q10. How does BNS Section 10 ensure clarity in sentencing?

Ans10. BNS Section 10 enshrines the need for sufficiency in punishment as it provides a criterion in determining cases where the crime committed is not specific and prescribes the application of a minimum sentence for equity and order in the administration of justice.

Q11. What is the BNS Section 10?

Ans11. Section 10 of BNS, also known as Section 10 of the Bharatiya Nyaya Sanhita, discusses the “sentence of a person convicted of one or more offences and the decision based on which it is unclear of what. ” 

Q12. What is Section 10 of the Hindu Minority and Guardianship Act?

Ans12. Incapacity to be guardian of property. No minor shall be capable of acting as guardian of the property of any other minor.

Q13. What was the old IPC code for Section 10 of BNS 2023?

Ans13. In the Indian Penal Code, punishment of person guilty of several offences was covered in Section 72.