The provision in the Bharatiya Nyaya Sanhita states that in cases where a judgment is given that a person is guilty of one of several specified offences but it is uncertain of which offence exactly, the offender shall be punished for the offence with the lowest provided punishment, if the same punishment is not applicable to all the specified offences.
This provision from the Bharatiya Nyaya Sanhita aligns with Section 72 of the Indian Penal Code, which shares a similar concept. Both provisions aim to address situations where an individual is found guilty of multiple offences but there is uncertainty regarding the exact offence. They both establish the principle that the offender should be punished for the offence carrying the lowest punishment among those specified in the judgment, provided that the same punishment is not prescribed for all the offences. This ensures a fair and consistent approach to sentencing in cases of uncertainty about the precise offence committed.