Section 9 of the Bharatiya Nyaya Sanhita (BNS) ensures that an offender is not punished multiple times for different parts of the same offense unless the law explicitly provides otherwise. This provision prevents excessive or unfair punishment for crimes that involve multiple smaller acts.
Key Provisions:
Single Punishment for a Multi-Part Offense
If an offense consists of multiple parts, where each part itself is an offense, the offender shall not be punished separately for each part unless the law specifically states otherwise.
Single Punishment for Offenses Covered by Multiple Laws
If an act falls under two or more legal definitions or consists of several acts that together form a different offense, the offender will only receive the highest applicable punishment for one offense, not cumulative punishments for all.
Illustrations:
Illustration 1: Beating with a Stick
If A beats Z fifty times with a stick, A could be charged for causing hurt through the entire beating or for each individual stroke.
However, A will be punished only once for the whole beating, and not separately for each blow, as that would lead to an excessive sentence (e.g., 50 years for 50 strokes).
Illustration 2: Striking Two Different People
If A is beating Z, and Y interferes, and A intentionally hits Y, then:
The attack on Z and the attack on Y are two separate offenses.
A will be punished separately for each offense, as they are not part of the same act.
How It Protects:
Prevents excessively long punishments for offenses made up of multiple smaller acts.
Ensures fairness by preventing multiple punishments for a single criminal act.
Allows separate punishment if an offender commits multiple, distinct crimes.
Example:
If a person commits fraud using 10 fake cheques, they will not receive separate punishments for each cheque, but only one punishment for the fraud as a whole.
If a person commits fraud and also assaults someone during the act, they can be punished separately for fraud and assault.
