The Bharatiya Nyaya Sanhita, 2023 (BNS), enacted on December 25, 2023, serves as India’s primary criminal code, consolidating and amending provisions related to offences and their corresponding punishments. Section 9 of the BNS addresses the “Limit of punishment of offence made up of several offences,” providing guidelines on sentencing when a single act constitutes multiple offences.
Understanding Section 9: Limit of Punishment of Offence Made Up of Several Offences
Section 9 stipulates that when a single act or series of acts results in multiple offences, the offender is liable to punishment for each offence. However, the cumulative punishment cannot exceed the maximum punishment prescribed for the most serious offence among them. This provision ensures that while an individual is held accountable for each offence committed, the total sentence remains proportionate to the severity of the most serious offence.
Key Provisions:
- Multiple Offences from a Single Act:
- If a single act or a series of connected acts leads to the commission of multiple offences, the offender is liable to punishment for each offence.
- The total punishment imposed should not exceed the maximum punishment prescribed for the most serious offence committed.
- Determining the Most Serious Offence:
- In cases where multiple offences are committed, the court assesses the severity of each offence.
- The offence with the highest prescribed punishment is considered the most serious.
- The cumulative punishment for all offences should not surpass the maximum punishment for this most serious offence.
Illustrative Example:
Consider an individual who commits an act of theft (punishable with imprisonment up to 3 years) and, during the commission of the theft, causes grievous hurt to a person (punishable with imprisonment up to 10 years). According to Section 9, the offender can be punished for both offences. However, the total punishment should not exceed the maximum punishment for causing grievous hurt, which is 10 years.
Rationale Behind Section 9:
The primary objective of Section 9 is to maintain fairness and proportionality in sentencing. It ensures that while an individual is held accountable for each offence committed, the cumulative punishment does not become excessively harsh. This approach aligns with the principle of proportionality in criminal justice, which mandates that the severity of the punishment should correspond to the gravity of the offence committed.
Implications for the Criminal Justice System:
- Consistency in Sentencing: Section 9 provides a clear framework for sentencing in cases involving multiple offences, promoting consistency across similar cases.
- Protection Against Excessive Punishment: By capping the total punishment to the maximum prescribed for the most serious offence, the provision safeguards individuals from disproportionate sentences.
- Guidance for Courts: Judges are provided with a structured approach to determine appropriate sentences in complex cases involving multiple offences.
Section 9 of the Bharatiya Nyaya Sanhita, 2023, plays a crucial role in ensuring that individuals who commit multiple offences through a single act or a series of connected acts are held accountable in a manner that is both fair and proportionate. By limiting the cumulative punishment to the maximum prescribed for the most serious offence, the provision upholds the principles of justice and equity within the Indian criminal justice system.
