Indian Criminal Law | Updated 28 October 2026
IPC Section 72 and BNS Section 10: Punishment When the Offence Is Uncertain
When a court finds that a person is guilty of one among several specified offences but cannot determine which one, the law requires punishment based on the offence carrying the lowest prescribed punishment, unless the punishment is identical for all those offences.
Section 72 IPC: Statutory provision
In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.
This provision appears in Chapter III of the IPC, dealing with punishments. It addresses uncertainty between identified offences after a finding of guilt, not a situation in which guilt itself has not been established.
Section 10 BNS: Corresponding provision
Section 10 of the Bharatiya Nyaya Sanhita, 2023 is titled "Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which". Its operative wording carries forward the same rule:
In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) and the National Crime Records Bureau's BNS section index.
Meaning and essential requirements
- Finding of guilt: The judgment must find the accused guilty of one among the specified offences. This provision does not replace the requirement to prove guilt.
- Specified alternatives: The judgment must identify the offences between which uncertainty remains.
- Uncertainty as to which offence: The court is unable to conclude which particular offence among those alternatives was committed.
- Lowest prescribed punishment: Where the alternative offences have different punishments, the offender must be punished under the offence with the lowest prescribed punishment.
- Equal punishments: Where the alternatives carry the same punishment, the special lowest-punishment comparison does not arise.
Illustrative example
Suppose a judgment establishes that an accused committed one of two expressly identified offences, but the evidence does not establish which. If one offence is punishable by imprisonment up to two years and the other by imprisonment up to three years, the sentencing rule directs the court to the offence carrying the lower punishment. This example is hypothetical and assumes that the finding of guilt and the statutory conditions are otherwise valid.
IPC Section 72 and BNS Section 10 compared
| Issue | IPC Section 72 | BNS Section 10 |
|---|---|---|
| Legislation | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Uncertainty between several offences specified in a judgment | Same subject |
| Sentencing principle | Lowest prescribed punishment where punishments differ | Same rule |
| Temporal relevance | Earlier offences, subject to saving provisions | Generally offences from 1 July 2024 onward |
Distinction from related rules
IPC Section 71 / BNS Section 9 limits multiple punishments for offences made up of parts or overlapping offence definitions. IPC Section 72 / BNS Section 10, by contrast, concerns a judgment that establishes guilt of one of several offences but remains uncertain which one. These provisions address different sentencing situations.
Frequently asked questions
What is the new BNS section corresponding to IPC Section 72?
Section 10 of the Bharatiya Nyaya Sanhita, 2023.
Does this section allow conviction without proof of guilt?
No. It applies where guilt of one among the offences specified in the judgment has been established. It does not permit a conviction based merely on suspicion.
What happens when the listed offences have different punishments?
The court applies the punishment rule for the offence with the lowest prescribed punishment.
Does the IPC still matter after 1 July 2024?
Yes. It may continue to govern conduct occurring before repeal, subject to applicable savings and transitional law. The relevant offence date and procedural circumstances must be checked.
Official legal sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
- NCRB: BNS section index
- India Code: Official central legislation database
Legal information only. The application of criminal law depends on the offence date, charges, evidence, judgment and applicable transitional provisions.