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Section 10: Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

Bharatiya Nyaya Sanhita • Chapter II: Of Punishments • Official Statutory Text & Legal Guide

Chapter II: Of Punishments
Trial Court
Non-Applicable
Non-Applicable
Formerly Sec 65 & 66 IPC
Section 9 All 358 Sections of Bharatiya Nyaya Sanhita Section 11

Legal Commentary & Landmark Judgments: Section 10

Section 10 governs the punishment of a person guilty of one of several offences, where the judgment specifies that it is doubtful of which of these offences the offender is guilty.

  • Alternative Conviction Safeguard: Applies where the evidence conclusively proves the commission of an offence, but leaves doubt as to which of two or more alternative offences was committed.
  • Lowest Punishment Rule: The offender shall be punished for that offence for which the lowest punishment is provided if the same punishment is not provided for all.
  • Harmony with Procedural Codes: Operates in tandem with alternative framing of charges under Section 244 BNSS (former 221 CrPC).
Key Landmark Precedents:
  • State of West Bengal v. L Stateful (1960): The Supreme Court observed that alternative convictions under Section 72 IPC (Section 10 BNS) are permissible when evidence conclusively establishes criminal liability, but the precise penal boundary remains uncertain.
  • Kalyan v. State of Rajasthan (2000) 4 SCC 344: Affirmed that the benefit of doubt on the severity of the offence requires imposing the lower statutory penalty under Section 72.
Courtroom Practice & Strategic Litigation Guidance:

In trials where the evidence wavers between theft and receiving stolen property, or between murder and culpable homicide, argue that if guilt is found, the court must apply the Section 10 rule and sentence your client under the lesser punishment scale.

Section 9 All 358 Sections of Bharatiya Nyaya Sanhita Section 11