Section 9 BNS: Limit of punishment of offence made up of several offences
Bharatiya Nyaya Sanhita, 2023
Section 9 BNS at a Glance
Section 9 BNS deals with limit of punishment of offence made up of several offences. It replaced Section 71 IPC on 1 July 2024.
None. Section 9 BNS creates no offence.
Section 9 BNS Bare Act Text
(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.
Source: Section 9, Bharatiya Nyaya Sanhita, 2023
Section 9 BNS in the IPC (Previous Law)
Section 9 BNS replaced Section 71 IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 9 BNS
Does Section 9 BNS create a separate offence?▼
No. Section 9 BNS does not create a new offence or prescribe a separate punishment of its own. It sets limits on the punishment a Court may award when an offence is made up of parts that are themselves offences, or falls under multiple offence definitions.
What is the rule under Section 9(1) BNS when one offence is made up of smaller offences?▼
Under Section 9(1) BNS, where anything which is an offence is made up of parts, any of which is itself an offence, the offender cannot be punished with the punishment of more than one of those offences, unless expressly provided. For example, fifty blows with a stick in one beating attract one punishment for the whole beating, not fifty separate punishments.
How does Section 9(2) BNS limit punishment when conduct falls under two definitions or combined acts form a different offence?▼
Under Section 9(2) BNS, when an offence falls within two or more separate definitions of any law in force, or when several acts (one or more of which is itself an offence) combine to form a different offence, the punishment is capped. The offender cannot be punished with a more severe punishment than the Court which tries him could award for any one of such offences.
When can a person receive a separate punishment despite Section 9 BNS?▼
A separate punishment applies if the law expressly provides for punishment of more than one offence under Section 9(1) BNS, or if the second act is no part of the first offence. As shown in Illustration (b) to Section 9 BNS, if a person beating one victim intentionally strikes another person who interferes, he is liable to a separate punishment for striking the second person.
Under Section 9(2) BNS, can I be punished separately for every part of the same act?▼
Usually no. Section 9(2) BNS says if the same act falls under two or more offence definitions, or several acts together make a different offence, the offender should not get a more severe punishment than the trial court could award for any one of those offences. The idea is to avoid multiple punishments for what is really one offence, unless the law expressly provides otherwise.
What does Section 9(2) of the Bharatiya Nyaya Sanhita actually cover?▼
It covers situations where one act fits more than one offence definition, or where several acts combine to form a different offence. In such cases, the person is not to be punished more severely than the court could award for any one of those offences. The section is about limiting punishment when offences overlap.
Under Section 9(2) BNS, if one beating includes many blows, can there be a separate punishment for each blow?▼
No, not for each blow if they are parts of the same beating. The illustration to Section 9(2) BNS says a person who gives fifty blows may be liable to one punishment for the whole beating, not a separate punishment for every blow. But if during that beating he separately strikes another person, that separate act can bring another punishment.
What has to be shown for Section 9(2) BNS to apply in my case?▼
It must be shown that the act falls within two or more separate offence definitions, or that several acts which may themselves be offences combine into a different offence. The court will then look at whether the punishments are overlapping for the same conduct. If they are, Section 9(2) BNS limits the punishment to what could be awarded for any one of those offences.
Section 9 BNS: Sub-sections Explained
Section 9(1) BNS: Limit of punishment of offence made up of several offences
▶
Bare Act Text
(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.
Explained in Simple Words
Section 9 of the Bharatiya Nyaya Sanhita (BNS) sets limits on punishment when an offence is made up of several offences or falls under multiple definitions. It creates no separate offence and prescribes no standalone punishment, acting instead as a sentencing safeguard for the Court trying the offender.
Under Section 9(1) BNS, where anything which is an offence is made up of parts, and any of those parts is itself an offence, the offender shall not be punished with the punishment of more than one of such offences, unless it is so expressly provided. Under Section 9(2) BNS, where anything falls within two or more separate definitions of any law in force, or where several acts, one or more of which 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.
As the illustrations show, a person who gives fifty blows in one beating is liable to one punishment for the whole beating, but if he also strikes a third person who interferes, he is liable to a separate punishment for that distinct blow.
Key Ingredients
- Anything is an offence made up of parts, and one or more of those parts is itself an offence
- The offender is not punished with the punishment of more than one of such his offences, unless the law expressly provides it
- 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
- Or several acts, of which one or more would by itself or themselves constitute an offence, constitute when combined a different offence
- The offender is not punished with a more severe punishment than the Court which tries him could award for any one of such offences
Punishment
🔒 None. Section 9 BNS creates no offence.
💰 None.
Section 9 BNS limits punishment. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The law expressly provides that the offender may be punished for more than one of the offences
- The acts are separate and no part of one another, as where a further blow is aimed at a different person
Previous Law
IPC 71 → Section 9(1) BNS
Section 9(1) 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.
Section 9(2) BNS: Limit of punishment of offence made up of several offences
▶
Bare Act Text
(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.
Explained in Simple Words
Section 9(2) of the Bharatiya Nyaya Sanhita (BNS) limits the punishment that may be imposed when the same conduct overlaps across multiple offence definitions or when several acts combine to form a different offence. It applies to trial courts and to any person tried for an act falling within two or more separate definitions of any law in force, or for several acts of which one or more would by itself or themselves constitute an offence and which together constitute a different offence.
This sub-section does not create a standalone offence or prescribe a separate fine or term of imprisonment. Instead, it lays down a sentencing cap that 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.
A reader should look at the two illustrations attached to Section 9 BNS to see when punishment is limited and when it is not. Where a person gives fifty strokes with a stick in one beating, he is liable to one punishment for the whole beating, but if he intentionally strikes a second person who interferes, that distinct act against another victim carries a separate punishment.
Key Ingredients
- An act or set of acts amounts to an offence
- The same matter falls within two or more separate definitions of law, or several acts combine into a different offence
- One or more of the acts would by itself or themselves constitute an offence
- The court cannot impose a more severe punishment than it could award for any one of those offences
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
Where an offence falls within two or more separate definitions or several acts combine to form a different offence, Section 9(2) BNS prescribes no separate penalty and caps the punishment at what could be awarded for any one of such offences.
Real-World Example
When This Does Not Apply
- A separate blow is intentionally given to a different person during the incident, like striking Fatima while beating Rukhsana
- The law expressly provides separate punishment for the offences
- The acts do not form one combined offence and do not fall within two or more separate definitions
- The later act is no part of the earlier offence and is a distinct act against another victim
Have questions about Section 9 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·