IPC 72 vs BNS 72
● Retained in BNSPunishment of person guilty of one of several offenses, judgment stating that it is doubtful of which
Section 72 of the Indian Penal Code, 1860, deals with situations where a person’s act may fall under several different offenses, but it is doubtful which specific offense has been committed. In such cases, the law provides a safeguard to prevent excessive punishment.
The section states that if a court convicts a person under such doubt, the punishment imposed shall not exceed the lowest punishment prescribed for any of the possible offenses. For example, if an act could either amount to theft (punishable up to 3 years) or criminal breach of trust (punishable up to 7 years), and the court finds doubt, then the offender shall be punished only up to the limit of theft, i.e., the lesser punishment.
This ensures fairness, as no one should suffer harsher punishment when the exact nature of the offense is not certain. IPC 72 reflects the principle of justice, proportionality, and benefit of doubt for the accused.
Thus, IPC 72 serves as a protective measure in criminal law by ensuring that punishment in doubtful cases is restricted to the minimum possible severity.
Punishment of person guilty of one of several offenses, judgment stating that it is doubtful of which
Section 72 of the Bharatiya Nyaya Sanhita, 2023, carries forward the same principle as IPC 72 without major alteration. It provides that when a person is found guilty of committing one of several offenses, but it remains uncertain which specific offense has been committed, the punishment shall not exceed the punishment prescribed for the offense with the least severe penalty.
This provision, like IPC 72, ensures that courts err on the side of leniency when doubt exists. It preserves the principle that no person should be subjected to harsher punishment when the offense cannot be clearly established.
By retaining this safeguard, BNS 72 upholds the doctrines of natural justice and fairness. It reflects the constitutional values of protecting individual liberty and ensuring that the criminal justice system does not act with unnecessary harshness in cases of doubt.
Thus, BNS 72 mirrors IPC 72 and continues to serve as an important check against excessive punishment in uncertain or ambiguous cases.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 72 to BNS BNS 72.