Introduction of BNS Section 10
The Bharatiya Nyaya Sanhita (BNS) Section 10 deals with situations where a person is guilty of an offence, but there is doubt about which specific offence was committed. Instead of allowing the accused to escape liability, the court punishes them for the offence that can be most clearly proven. This section ensures justice is served fairly even when there is some uncertainty in evidence.
BNS Section 10 replaces IPC Section 72, modernizing the provision and ensuring that criminals do not avoid punishment due to technicalities or lack of clarity.
The Bharatiya Nyaya Sanhita (BNS) Section 10 replaces the old Indian Penal Code (IPC) Section 72.
What is section 10 of BNS ?
BNS Section 10 allows the court to punish a person for the offence that can be most clearly proven, even if there is uncertainty about which specific crime was committed. This helps ensure that justice is served without requiring absolute clarity on every detail of the crime.
Section 10 BNS explanation
“If a person is found guilty of an act which constitutes two or more offences, but the court is uncertain which exact offence has been committed, the accused shall be punished for the offence with the lowest punishment among the possible offences.”
1. Meaning of Section 10
This section applies when there is doubt about the precise offence committed by the accused.
- The act clearly amounts to an offence.
- But it is uncertain which specific offence it falls under.
- To avoid injustice, the law says: punish for the lesser offence.
Example:
A person strikes another during a quarrel. It is doubtful whether it amounts to “simple hurt” or “grievous hurt”. In such cases, the accused will get punishment for the lesser offence (simple hurt).
2. Essential Ingredients
For Section 10 to apply, the following must exist:
- The act amounts to an offence under law.
- The act may fall into two or more legal categories of offences.
- The court cannot clearly decide which offence has been proved.
- In such cases, the accused is punished for the offence with lesser punishment.
3. Punishment under Section 10
- Punishment will be based on the offence with the lightest penalty among the doubtful offences.
- This protects the accused from receiving a higher punishment when guilt is not absolutely clear.
4. Nature of the Offense
- Depends on the nature of the doubtful offences involved.
- If any doubtful offence is cognizable, the case may still be treated as cognizable.
- Similarly, bailability depends on the lighter offence chosen for punishment.
5. Examples of BNS Section 10 in Action
- Example 1 – Hurt or Grievous Hurt
A person beats another with a stick. Medical evidence is unclear whether the injury is simple or grievous. The court convicts under Section 10 and awards punishment for simple hurt. - Example 2 – Theft or Criminal Misappropriation
Someone finds property and keeps it without returning. It is unclear if it was theft or misappropriation. The court awards punishment for misappropriation (lesser punishment). - Example 3 – Not Applicable
If the act clearly falls under one offence without doubt, Section 10 does not apply.
6. Importance of Section 10
- Protects accused persons from being punished for offences not proved beyond doubt.
- Ensures fair trial and justice by favoring the lesser offence in cases of uncertainty.
- Prevents wrongful convictions with harsher punishments.
- Balances between punishing wrongful acts and protecting the rights of the accused.
Bharatiya Nyaya Sanhita Section 10
BNS Section 10 allows the court to punish a person for the offense that is most clearly proven, even if it’s unclear which exact crime was committed. This ensures that justice is served without needing complete certainty about every detail of the crime.
Punishment When There’s Doubt About the Offence
BNS Section 10 says that if someone is guilty but it’s not clear which specific crime they committed, the court can still give a punishment. The punishment will be for the offence that can be most clearly proven, making sure the person is held responsible even if there’s some doubt.
Key Points of BNS Section 10:
- Dealing with Unclear Offences:
- If there’s uncertainty about which crime someone committed, the court can still make a decision and give a punishment for what’s clearly proven.
- Judgment Based on What’s Certain:
- The court will punish the person for the crime that is most clearly proven, ensuring they don’t avoid punishment just because of some doubts.
- Example:
- If someone is caught with stolen items but it’s unclear which specific item they stole, the court can punish them based on what is certain, rather than letting them go free.
- Preventing Escape from Punishment:
- This section helps make sure that people can’t avoid punishment just because not all the details of their crime are clear.
- Fair Punishment Despite Doubt:
- The law ensures that the person still gets a fair punishment based on what can be proven, even if some details are uncertain.
Comparison: BNS Section 10 vs IPC Section 72
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 10 | Provides courts with discretion to impose punishment less than the prescribed minimum for an offence, if justified by adequate and special reasons. | Punishment may be reduced below the statutory minimum, but reasons must be recorded in the judgment. | Depends on the underlying offence; Section 10 itself does not define bailability. | Depends on the offence; Section 10 only empowers courts for sentencing discretion. | Ordinary criminal courts; sentencing court applies discretion under this section. |
| IPC Section 72 (1860) | Allowed courts to impose punishment lower than the minimum prescribed when law permitted special reasons to be considered. | Court could reduce punishment below the minimum, but had to state reasons for such reduction. | Based on the specific IPC offence; Section 72 itself did not classify. | Based on the underlying IPC offence; Section 72 guided courts in sentencing discretion. | Regular criminal courts under IPC; sentencing court applied Section 72 when reducing punishment. |
BNS Section 10 FAQs
What is BNS Section 10 about?
It covers situations where there’s doubt about which crime someone committed, but they can still be punished for what’s certain.
Can someone be punished if the exact crime isn’t clear?
Yes, they can be punished for the crime that is most clearly proven, even if other details are uncertain.
Why is BNS Section 10 important?
It ensures that people can’t avoid punishment just because some details of their crime are unclear.
Is the judgment fair under BNS Section 10?
Yes, the punishment is fair because it’s based on the offence that is clearly proven, even if there’s doubt about other parts.
Conclusion
BNS Section 10 plays a vital role in ensuring that offenders do not escape punishment due to uncertainty in evidence. Even if it is unclear which specific offence was committed, the guilty person is punished for the offence that can be most certainly established. By replacing IPC Section 72, this provision strengthens the justice system, promotes fairness, and prevents misuse of legal loopholes.
This section is especially important in cases where multiple offences are possible, but only some aspects can be proven. It strikes the right balance between protecting society and delivering justice to the accused.
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Read Next — Related BNS Sections
Finished with BNS Section 10? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 11 — Solitary confinement
https://marriagesolution.in/bns_section/bns-section-11/ - BNS Section 12 — Limit of solitary confinement
https://marriagesolution.in/bns_section/bns-section-12/ - BNS Section 13 — Enhanced punishment for certain offences after previous conviction
https://marriagesolution.in/bns_section/bns-section-13/
Chapter III – General Exceptions
- BNS Section 14 — Act done by a person bound, or by mistake of fact believing himself bound, by law
https://marriagesolution.in/bns_section/bns-section-14/ - BNS Section 15 — Act of Judge when acting judicially
https://marriagesolution.in/bns_section/bns-section-15/ - BNS Section 16 — Act done pursuant to the judgment or order of Court
https://marriagesolution.in/bns_section/bns-section-16/ - BNS Section 17 — Act done by a person justified, or by mistake of fact believing himself justified, by law
https://marriagesolution.in/bns_section/bns-section-17/
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