BNS Section 9 — Limit of punishment of offence made up of several offences

Summary

Sub-section (1) says that when an act is an offence and that act is made up of smaller parts, where any of those parts is itself a separate offence, the offender can be punished for only one of those offences, not for more than one, unless the law expressly says otherwise.

Sub-section (2) covers two situations. Under clause (a), if a single act falls within two or more separate definitions of an offence under any law currently in force, the offender cannot be given a more severe punishment than the court trying the case could award for any one of those offences. Under clause (b), if several acts, where one or more of them would by itself constitute an offence, together form a different offence, the offender cannot be punished more severely than the court could award for any one of those offences.

The illustrations clarify the rule. In illustration (a), A gives Z fifty strokes with a stick. The whole beating may be an offence of voluntarily causing hurt, and each individual blow may also be an offence. A is liable to only one punishment for the whole beating, not one punishment for each blow. In illustration (b), if while A is beating Z, Y interferes and A intentionally strikes Y, the blow to Y is not part of the act of causing hurt to Z, so A is liable to one punishment for causing hurt to Z and another for the blow to Y.

Official 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §71 — Limit of punishment of offence made up of several offences