Section 10 of the Bharatiya Nyaya Sanhita (BNS) provides a guideline for punishment when a court determines that a person is guilty of one of multiple offenses, but it is uncertain which specific offense was committed. In such cases, the offender will receive the punishment for the offense that carries the lowest penalty, unless all offenses carry the same punishment.
Key Provisions:
Uncertainty in the Offense Committed
If a court determines that an accused is guilty of one of several possible offenses, but it cannot determine which exact offense, the offender will not receive the highest possible punishment.
Application of the Lowest Punishment
If different punishments exist for the possible offenses, the offender will receive the lowest punishment among them.
If all offenses carry the same punishment, then the offender will be punished accordingly.
How It Protects:
Ensures fairness in sentencing when there is uncertainty about the exact offense.
Prevents excessive punishment in cases where doubt exists.
Protects accused persons from wrongful harsh penalties.
Example:
A person is accused of either theft (punishable by 3 years) or robbery (punishable by 7 years), but it is unclear which offense was actually committed.
Under this section, the court will sentence the offender based on the lesser punishment (3 years for theft).
