Section 72 IPC: Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

Indian Penal Code, 1860

Section 72 IPC at a Glance

Section 72 IPC deals with punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. From 1 July 2024 it is replaced by Section 10 BNS.

Punishment

None. Section 72 IPC creates no offence.

BNS Equivalent

Section 10 →

Section 72 IPC Bare Act Text

72. 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 72, Indian Penal Code, 1860

Section 72 IPC in Simple Words

Section 72 of the Indian Penal Code (IPC) deals with a judgment that finds a person guilty of one of several offences but cannot say which. Where the judgment specifies the offences and records that it is doubtful of which of them the person is guilty, the offender is punished for the offence for which the lowest punishment is provided.

This applies if the same punishment is not provided for all of them. The section creates no offence and sets no punishment of its own.

Ingredients of Section 72 IPC

  • 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 72 IPC

Imprisonment

None. Section 72 IPC creates no offence.

Fine

None.

Section 72 IPC is a rule on which punishment applies. It has no entry in the First Schedule to the CrPC.

Example of Section 72 IPC

In 2021 in Coimbatore, Pranav was tried after a gold watch disappeared from a merchant's counter and was found in his bag. The trial court delivered a judgment stating that Pranav was guilty of one of two offences specified in the judgment, namely theft under Section 379 IPC or dishonest misappropriation of property under Section 403 IPC, but that it was doubtful of which of those two offences he was guilty. Because the two offences did not carry the same punishment, Pranav had to be punished for the offence providing the lowest punishment under Section 72 IPC.

When Section 72 IPC Does Not Apply

  • Section 72 IPC does not apply when the court is satisfied beyond doubt as to the exact offence committed and convicts the accused of that specific offence.
  • Section 72 IPC does not apply when the doubt is between guilt and innocence rather than between two or more proven alternative offences specified in the judgment.
  • Section 72 IPC does not require selecting a lower punishment when every offence specified in the judgment carries the exact same punishment.

Section 72 IPC in the BNS

Section 72 IPC is now covered under Section 10 BNS.

Section 10 BNS keeps the rule in the same words.

View detailed comparison (IPC 72 vs BNS 10) →

FAQs on Section 72 IPC

What does Section 72 IPC say?▼

That where judgment is given that a person is guilty of one of several offences specified in it, but it is doubtful of which, the offender is punished for the offence with the lowest punishment, if the same punishment is not provided for all.

When does Section 72 IPC apply?▼

Only where the judgment itself specifies the several offences and records the doubt as to which of them the person is guilty.

Under Section 72 IPC, what if the same punishment is provided for all the offences?▼

Then the rule on the lowest punishment does not apply, because it operates only where the same punishment is not provided for all.

Does Section 72 IPC create an offence?▼

No. It is a rule on which punishment applies and sets no punishment of its own.

What is the BNS equivalent of Section 72 IPC?▼

Section 10 BNS, in the same words.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·