Section 9: Limit of punishment of offence made up of several offences

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

Chapter II: Of Punishments
Trial Court
Non-Applicable
Non-Applicable
Formerly Sec 67 IPC

Legal Commentary & Landmark Judgments: Section 9

Section 9 regulates the limit of punishment where an offence is made up of several parts, each of which is itself an offence, preventing cumulative sentencing for a single continuous criminal act.

  • Single Transaction Protection: 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 expressly provided.
  • Continuous Striking Illustration: A gives Z fifty strokes with a stick: A can be punished for one assault only, not fifty separate convictions.
  • Distinct Offence Exception: If a third party intervenes and A intentionally strikes the third party, A is liable to separate punishments for distinct victims.
Key Landmark Precedents:
  • S. Radhakrishnan v. State (1997): The Supreme Court held that Section 71 IPC (Section 9 BNS) protects against cumulative sentencing where multiple acts form part of one continuous transaction constituting a single offence.
  • State of M.P. v. Ramesh (2011) 4 SCC 786: Affirmed that where several acts of hurt merge into the larger offence of robbery, separate cumulative custodial sentences are impermissible.
Courtroom Practice & Strategic Litigation Guidance:

In multi-count charge sheets alleging multiple blows under Sections 115 and 117 BNS against the same victim during a single brawl, invoke Section 9 BNS to prevent the trial court from stacking consecutive sentences for each individual blow.