BNS Section 10
Punishment of a person found guilty of more than one crime, with the ruling saying it is unclear which one.
If a judge says that someone is guilty of one of several crimes listed in the judgment, but it is not clear which one he is guilty of, the person will be punished for the crime with the least severe punishment if not all of them are given the same punishment.
Vijay was accused of several crimes and later found guilty, but it was not clear which crime he actually did. His sentence was the least severe of all the ones that could have been given for the crime.
Important Things About BNS-10
In BNS-10 of the Bharatiya Nyaya Sanhita, 2023, it talks about what to do when someone is found guilty of more than one crime but it’s not clear which crime they are guilty of. This rule is meant to make sure that everyone gets a fair punishment when it’s not clear what kind of crime was committed.
- Sentencing for Multiple Crimes:
An individual is found guilty of several crimes as listed in a judgment, but it is not entirely clear which specific crime they committed.
This means that the Court has to decide what the right punishment is in this situation.
- The principle of least punishment:
In the event that there is some uncertainty about which of several crimes the person is responsible for, the Court will choose the punishment that fits the crime with the least severe possible punishment.
The goal of this principle is to make sure that everyone gets the same punishment and that harsher punishments are not given when the exact crime is not clear.
- The same punishment for all crimes:
If all of the crimes listed have the same maximum sentence, the Court might not have to use this rule. In this case, the same punishment would be given no matter what crime was committed.
Implications for real life:
Making Sure It’s Fair:
The principle makes sure that people aren’t unfairly given harsh punishments when it’s not clear what kind of wrongdoing they did. In order to be fair, it chooses the least severe punishment among the possible offenses.
Sentences that are clear:
This part of the law makes sentencing clear and consistent when there are multiple crimes but it’s not clear which one is being committed.
Legal Defense:
In cases where the Court can’t be sure of the exact crime the accused person committed, this rule protects the law against the risk of harsh punishment.
What They Mean:
A court’s formal decision about whether or not a person is guilty of a crime is called a judgment.
An offense is a legal term for a wrongdoing or failure to do something.
Punishment: The punishment that the court gives to a criminal.
Lowest Punishment: The punishment that is the least harsh for any of the crimes for which the person is found guilty.
Such as:
Imagine that someone is found guilty of a crime that could be classified as theft, burglary, or vandalism, but it’s not clear which crime applies. If the harshest punishment for theft is two years, burglary is five years, and vandalism is three years, the Court would give the lowest punishment for theft since it’s not clear which crime was committed.
In conclusion:
BNS-10 makes sure that if someone is found guilty of more than one crime but it’s not clear which one they actually committed, the Court will give them the punishment for the crime with the lowest sentence. This method is meant to keep things fair and stop penalties from being too harsh when the law isn’t clear.
