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 convicts a person of one of several offences but is unsure which specific offence was committed, the person is sentenced for the offence that carries the least severe punishment. It applies only when the different offences in the judgment have different punishments. The rule gives the accused the benefit of doubt at sentencing.
Example
Ravi got into a fight at a market and the injuries could be either simple hurt or grievous hurt, but evidence does not clearly show which. The court convicts him of one of those offences but is doubtful which one. He is sentenced for the simpler offence that carries the lesser punishment.
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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