(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, whileAis beating Z, Y interferes, andAintentionally strikesY, here, as the blow given to Y is no part of the act wherebyAvoluntarily causes hurt to Z,Ais liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.
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.
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.