IPC 71→BNS 9

IPC 71 to BNS 9: Limit of punishment of offence made up of several offences

Section 71 IPC (1860) replaced by Section 9 BNS (2023)

View IPC Section 71 →View BNS Section 9 →

IPC 71 to BNS 9 at a Glance

Section 71 IPC (Limit of punishment of offence made up of several offences) is now Section 9 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 71 to BNS 9?

Section 9 BNS keeps the rule and sets it out in two numbered parts. Section 9(1) BNS carries the first paragraph in the same words. Section 9(2) BNS carries the second paragraph, with its two cases laid out as separate clauses, and the illustrations are unchanged.

IPC 71 vs BNS 9: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section719
OffenceLimit of punishment of offence made up of several offencesSame
PunishmentNone. Section 71 IPC creates no offence.None. Section 9 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 71 and BNS 9: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 71, IPC 1860

71. Limit of punishment of offence made up of several offences.—Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences. Illustrations (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.
BNS 2023 (in force)

Section 9, BNS 2023

(1) Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. (2) Where— (a) anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished; or (b) several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences. Illustrations. (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.

Ingredients: IPC 71 vs BNS 9

Under IPC 71
  1. Anything is an offence made up of parts, and one or more of those parts is itself an offence
  2. The offender is not punished with the punishment of more than one of such his offences, unless the law expressly provides it
  3. Or anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished
  4. Or several acts, of which one or more would by itself or themselves constitute an offence, constitute when combined a different offence
  5. The offender is not punished with a more severe punishment than the Court which tries him could award for any one of such offences
Under BNS 9
  1. Anything is an offence made up of parts, and one or more of those parts is itself an offence
  2. The offender is not punished with the punishment of more than one of such his offences, unless the law expressly provides it
  3. Or anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished
  4. Or several acts, of which one or more would by itself or themselves constitute an offence, constitute when combined a different offence
  5. The offender is not punished with a more severe punishment than the Court which tries him could award for any one of such offences

What IPC 71 to BNS 9 Means for Pending Cases

For Section 71 IPC (now Section 9 BNS): nothing changes in how far one set of facts can be punished as several offences. Section 9(1) BNS keeps the bar on more than one punishment for an offence made up of parts. Section 9(2) BNS keeps the cap at the most severe punishment the Court could award for any one offence, where an act falls within two or more definitions or several acts combine into a different offence.

FAQs: IPC 71 to BNS 9

Does the BNS keep the rule in Section 71 IPC?▼

Yes. Section 9 BNS says the same, set out in two numbered parts in place of two paragraphs.

Where does Section 71 IPC sit in the BNS?▼

In Section 9 BNS, which has the same heading. Section 9(1) BNS holds the first paragraph and Section 9(2) BNS holds the second.

Does Section 71 IPC or Section 9 BNS apply to an act done before 1 July 2024?▼

Section 71 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 71 IPC. Section 9 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·