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Questions: ‘A’ gives ten strokes with a stick to ‘B’. Can ‘A’ be punished separately for each stroke? [R.J.S. 1980, 1991, W.B.C.J. 1992] Find the answer to the mains question of IPC only on Legal Bites. [‘A’ gives ten strokes with a stick to ‘B’. Can ‘A’ be punished separately for each stroke?] Answer Section 71 of IPC provides a limit of punishment of offences made up of several offences. It states that where anything which is an offence is made up of parts, any...

Questions: ‘A’ gives ten strokes with a stick to ‘B’. Can ‘A’ be punished separately for each stroke? [R.J.S. 1980, 1991, W.B.C.J. 1992]

Find the answer to the mains question of IPC only on Legal Bites. [‘A’ gives ten strokes with a stick to ‘B’. Can ‘A’ be punished separately for each stroke?]

Answer

Section 71 of IPC provides a limit of punishment of offences made up of several offences.

It states that where anything which is an offence is made up of parts, any of which parts is itself an offence; the offender shall not be punished with the punishment of more than one of such of his offences unless it is so expressly provided.
Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or
Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence.,
The offenders shall not be punished with a more severe punishment than the court which tries him could award for any one of such offences.

Thus, in view of this section, A cannot be punished for each blow separately.


Important Mains Questions Series for Judiciary, APO & University Exams

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Updated On 7 Oct 2023 12:40 PM GMT
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