If multiple offences carry different punishments but it is unclear which one has been committed, how does Section 72 of the Indian Penal Code ensure proportional justice ?
Explanation & Strategy
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Under Section 71 of the IPC (corresponding BNS provision), when it is doubtful which of several offences has been committed and the offences carry different punishments, the court imposes punishment for the offence with the LOWEST prescribed punishment. This applies the benefit of doubt principle — the accused gets the lighter sentence.