Question

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?

• A. By imposing punishment for the offence with the lowest prescribed term
• B. By applying punishment equal to the average of all possible offences
• C. By leaving the choice of punishment to the prosecuting authority
• D. By suspending the punishment until clarification is made

Hint:

Section 72 IPC ensures “benefit of doubt” in punishment—not by acquitting the accused, but by awarding the least severe sentence when offence classification is unclear.

Answer 1

The Correct Option is A

Step 1: Understanding Section 72 IPC.
Section 72 applies when a single act falls under two or more offences but it is unclear which specific offence has been committed.
Step 2: Rule of proportional justice.
The law requires that, in such circumstances, punishment must be based on the offence carrying the \textit{least} severe penalty. This protects the accused from harsher penalties when ambiguity exists.
Step 3: Applying the principle.
Thus, the court imposes the minimum punishment possible among the options. This is the fairest approach under criminal jurisprudence.