Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
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Summary
When a court finds a person guilty of one among several named offences but cannot decide which one, the accused is to be punished for the offence that carries the least severe punishment. This rule applies only when the different offences have different punishments. It ensures the accused gets the lighter sentence when the exact offence is doubtful.
Example
Rohan is accused of either simple theft (punishable up to 1 year) or robbery (punishable up to 3 years). The court finds he committed one of them but cannot tell which. Since the punishments differ, Rohan will be sentenced for the lesser offence, theft.
Bare Act
Enacted textIn 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.
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