Introduction of BNS Section 9
BNS Section 9 addresses how courts should limit punishment when a single act comprises multiple offences. Its purpose is to prevent unfair, cumulative sentencing for different parts of the same act and to ensure that penalties remain proportionate. Where an act falls under several legal definitions, Section 9 generally requires that only one punishment — typically up to the maximum for the most serious offence — be imposed unless the law expressly permits multiple punishments. This provision replaces the old IPC Section 71 and brings clarity to sentencing in complex cases involving multiple offences or victims.
The Bharatiya Nyaya Sanhita (BNS) Section 9 replaces the old Indian Penal Code (IPC) Section 71.
What is section 9 BNS ?
BNS Section 9 sets out rules to prevent multiple punishments for an act that involves several offences. The law states that if a single action includes different offences, the offender should generally receive only one punishment unless the law specifically requires otherwise. It also provides that when an offence fits multiple legal definitions, the punishment should not exceed what is allowed for the most severe offence involved.
BNS Section 9 Explanation
Whoever is sentenced to pay a fine, and fails to do so, shall be liable to pay the fine as ordered by the court. In default of payment, the offender may be subjected to imprisonment as prescribed, and the fine may also be recovered from his property or earnings, unless otherwise provided by law.
1. Meaning of Section 8
- This section deals with imposition of fines and what happens if the offender does not pay.
- A fine is a monetary penalty imposed by the court as punishment.
- If the fine is not paid:
- The offender may face imprisonment in default.
- The fine may be recovered from property or salary of the offender.
Example → If a person is fined ₹10,000 for an offence and does not pay, the court may order seizure of his property or award imprisonment in default.
2. Essential Ingredients of the Offense
For Section 8 to apply, these conditions must be met:
- The law under which the offence is committed must allow a fine.
- The court must fix the fine amount based on the seriousness of the crime.
- The offender must fail or refuse to pay the fine.
- The court may then:
- Order imprisonment in default, or
- Recover the fine through property/salary.
Without these conditions, Section 8 cannot be applied.
3. Punishment under BNS Section 8
- Fine Only – For petty or minor offences.
- Fine + Imprisonment – For more serious offences.
- Default of Fine – If unpaid, additional imprisonment (but within legal limits).
Example →
- If law prescribes “up to 6 months’ imprisonment or fine of ₹5,000 or both”, and the offender chooses not to pay the fine → the judge may order simple imprisonment in default.
4. Nature of the Offense
- Bailable / Non-Bailable → Depends on the main offence, not on fine itself.
- Cognizable / Non-Cognizable → Depends on the main offence.
- Compoundable / Non-Compoundable → Depends on whether the main offence is compoundable.
- Trial By → Magistrate or Sessions Court (depending on offence).
5. Examples of BNS Section 8 in Action
Example 1 – Minor Offence:
A person is fined ₹1,500 for public nuisance. If unpaid, the court orders 7 days of simple imprisonment.
Example 2 – Serious Offence:
A fraud convict is sentenced to 2 years’ imprisonment plus a fine of ₹50,000. If the fine is not paid, the court orders 3 extra months of imprisonment.
Example 3 – Recovery from Property:
A convict refuses to pay a ₹25,000 fine. The court attaches and auctions his bike to recover the amount.
Example 4 – Not Applicable:
If another law specifically exempts imprisonment for default of fine (like traffic challans), Section 8 does not apply.
6. Importance of Section 8
- Ensures accountability, preventing offenders from escaping punishment by refusing to pay fines.
- Protects victims, since fine amounts can also be directed as compensation.
- Provides a clear recovery mechanism through imprisonment or property seizure.
- Replaces and consolidates IPC Sections 63 to 70 into a single section under BNS.
Section 9 BNS Overview
BNS Section 9 ensures that a person is not punished multiple times for the same act if it involves several offenses. If a single action breaks multiple laws, the offender usually receives only one punishment unless the law says otherwise. Also, if the act fits multiple legal definitions, the punishment should not be more than what is allowed for the most serious offense.
Single Punishment for Combined Offences:
- If an act involves several parts, and each part could be considered a separate offence, the law usually ensures that only one punishment is given for the whole act. Multiple punishments are only allowed if the law explicitly states so.
Multiple Legal Definitions:
- When an act can be classified under two or more legal definitions or involves actions that together constitute a new offence, the offender should only face the most severe punishment applicable to one of those offences.
Example of a Repeated Theft:
- Imagine a person, X, who steals small amounts of money from the same person, Y, over several days. Each theft could be considered an individual offence, but X won’t be punished separately for each instance. Instead, X will receive one punishment for the entire series of thefts.
Example of Multiple Victims in a Car Accident:
- Suppose X, while driving recklessly, hits two pedestrians, A and B. Even though both incidents happened in the same event, X committed two separate offences—one against A and one against B. Here, X can be punished separately for injuring each person.
Preventing Excessive Punishment:
- The law ensures that even if a single act includes multiple offences, the overall punishment remains fair and doesn’t become excessively harsh. This prevents an unfairly severe sentence.
Fairness in Sentencing:
- The goal of this section is to make sure that the punishment fits the overall crime without being too severe, even if the act includes several offences.
No Double Punishment:
- If an action could be classified under multiple legal definitions, the offender should not be punished more than once for the same act. This avoids unfair double punishment.
Application in Courts:
- Courts use this section to ensure that the punishment for an act involving multiple offences does not exceed what is fair for any one of those offences.
Protection Against Over-Penalty:
- The section is designed to protect people from being overly penalized when a single act could technically be broken down into multiple offences.
Legal Clarity:
- BNS Section 1609 provides clear guidelines on how punishments should be applied in complex cases involving multiple offences, ensuring that the legal process remains fair and just.
Comparison: BNS Section 9 vs IPC Section 71
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 9 | Single act falling under multiple offences — avoids double punishment. | One punishment, usually for the most serious offence. | Depends on the underlying offence. | Controlled by underlying offence classification. | Ordinary criminal courts; sentencing court decides. |
| IPC Section 71 (1860) | Similar rule historically — prevents cumulative sentencing for same act. | Generally one sentence for the principal (most serious) offence. | As per the relevant IPC offence. | Follows the substantive offence’s classification. | Regular criminal courts applying sentencing principles. |
BNS Section 9 FAQs
What is the main purpose of BNS Section 9?
The main purpose is to prevent excessive punishment by ensuring that an offender is not penalized multiple times for different parts of the same act.
Can someone be punished separately for each part of an offence under BNS Section 9?
Can someone be punished separately for each part of an offence under BNS Section 9?
What happens if an act falls under multiple legal definitions?
If an act can be defined as multiple offences under different laws, BNS Section 9 limits the punishment to the most severe penalty applicable to any one of those offences.
Can BNS Section 9 apply to cases with multiple victims?
Yes, if there are multiple victims involved, the offender may receive separate punishments for offences committed against each victim, even if the actions occurred in a single incident.
Does BNS Section 9 apply to repeated offences?
Yes, if the offences are part of a series of actions that are similar, like repeated thefts, BNS Section 9 would typically result in one punishment for the entire series, not individual punishments for each act.
Conclusion
BNS Section 9 is a safeguard against disproportionate sentencing: it ensures a person is not punished multiple times for the same act while allowing separate punishment when distinct victims or clearly separate offences are involved. By aligning punishment with the most serious applicable offence and preserving judicial discretion where the law demands cumulative sentences, Section 9 balances fairness with accountability. If you need help interpreting how this section applies to a specific case, consult a qualified lawyer for tailored legal advice.
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Read Next — Related BNS Sections
Finished with BNS Section 9? 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 10 — Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
https://marriagesolution.in/bns_section/bns-section-10/
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/
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/
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