Section 10 BNS: Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which
Bharatiya Nyaya Sanhita, 2023
Section 10 BNS at a Glance
Section 10 BNS deals with punishment of person guilty of one of several offences, judgment stating that it is doubtful of which. It replaced Section 72 IPC on 1 July 2024.
None. Section 10 BNS creates no offence.
Section 10 BNS Bare Act Text
10. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.
Source: Section 10, Bharatiya Nyaya Sanhita, 2023
Section 10 BNS in Simple Words
Section 10 of the Bharatiya Nyaya Sanhita (BNS) applies when a judgment finds that a person is guilty of one of several offences specified in the judgment, but states that it is doubtful which of those offences he is guilty of. In such a situation, if the same punishment is not provided for all of those offences, the offender must be punished for the offence for which the lowest punishment is provided.
The court cannot impose a harsher sentence on guesswork. In practical terms, this protects an accused person where the facts prove that he committed one of the specified offences, but the evidence leaves doubt about which exact one it was.
The section acts as a safeguard at sentencing and ensures that the benefit of that doubt goes to the accused through the lowest applicable punishment.
Ingredients of Section 10 BNS
- Judgment is given that a person is guilty of one of several offences specified in the judgment
- The judgment records that it is doubtful of which of those offences the person is guilty
- The same punishment is not provided for all of the offences
- The offender is punished for the offence for which the lowest punishment is provided
Punishment Under Section 10 BNS
None. Section 10 BNS creates no offence.
None.
Section 10 BNS is a rule on which punishment applies. It has no entry in the First Schedule to the BNSS.
Example of Section 10 BNS
When Section 10 BNS Does Not Apply
- The judgment finds the accused guilty of one named offence and not of one among several
- The judgment does not record any doubt as to which of the specified offences was committed
- The same punishment is provided for all the specified offences
Section 10 BNS in the IPC (Previous Law)
Section 10 BNS replaces Section 72 IPC from the old criminal code.
Section 10 BNS keeps the rule in the same words.
View IPC Section 72 →FAQs on Section 10 BNS
What does Section 10 BNS actually do in a criminal case?▼
It prevents the court from punishing an accused for a more serious offence when the judgment finds him guilty of one of several specified offences, but states that it is doubtful which one he committed. Unless the same punishment is provided for all of them, the offender must be punished for the offence that carries the lowest punishment.
Does Section 10 BNS create a separate offence?▼
No, it does not. It is a rule about sentencing and conviction where the exact offence is uncertain. The court uses it to avoid unfair punishment based on doubt.
Under Section 10 BNS, can a person get the higher punishment if the facts are unclear?▼
No. If the court is not sure which offence was committed, it cannot impose the higher punishment just because the conduct appears serious. Criminal law requires proof, not assumptions.
Why is Section 10 BNS still relevant under the new law?▼
The same principle continues under the Bharatiya Nyaya Sanhita (BNS). Courts still need a fair rule for cases where the evidence shows an offence, but not the exact one among several possible charges.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·