Section 25 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Sentence In Cases Of Conviction Of Several Offences At One Trial

 Code:

(1) When a person is convicted at one trial of two or more offences, the Court may,
subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such
punishments to run concurrently or consecutively.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by
reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:

Provided that—
(a) in no case shall such person be sentenced to imprisonment for a longer
period than twenty years;

(b) the aggregate punishment shall not exceed twice the amount of punishment
which the Court is competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive
sentences passed against him under this section shall be deemed to be a single sentence.

Explanation of the Section

This section addresses the situation when a person is convicted of multiple offences in a single trial. It lays down the rules for how sentences should be handled in such cases:

1. Multiple Offences and Sentencing (Sub-section 1):

   • When a person is convicted of two or more offences, the Court has the discretion to impose the corresponding punishments for each offence.
   • The Court must decide whether these sentences will run concurrently (at the same time) or consecutively (one after the other), depending on the seriousness of the offences.

2. Consecutive Sentences (Sub-section 2):

   • Even if the aggregate punishment for multiple offences exceeds the punishment the Court is allowed to give for a single offence, the offender does not need to be tried in a higher court.
   • However, there are limits:
     • Maximum Sentence: The total period of imprisonment cannot exceed 20 years.
     • Punishment Limit: The total punishment for multiple offences cannot be more than twice the maximum punishment the Court can impose for a single offence.

3. Appeals (Sub-section 3):

   • When an individual appeals a conviction, if they were sentenced to consecutive sentences for multiple offences, the aggregate of the consecutive sentences is treated as a single sentence for the purpose of appeal.

Illustration

Example 1: Concurrent Sentences

Case: A person is convicted of theft and assault during the same trial. The Court sentences the person to 2 years for theft and 3 years for assault.
Sentence: Since the sentences run concurrently, the individual will serve a total of 3 years in prison, not 5 years.

Example 2: Consecutive Sentences with Aggregate Limitation

Case: A person is convicted of fraud and bribery in the same trial. The Court sentences the individual to 5 years for fraud and 7 years for bribery, with sentences to run consecutively.
Sentence: The total aggregate punishment would be 12 years, which is within the allowable limits because it is less than twice the punishment the Court can impose for a single offence.

Example 3: Aggregate Sentence for Appeal

Case: A person is sentenced to 4 years for robbery and 6 years for assault, with the sentences to run consecutively. The total aggregate sentence for appeal purposes would be 10 years, treated as a single sentence for the appeal process.

Common Questions and Answers

1. What happens if the aggregate punishment exceeds the allowable sentence for a single offence?

• Answer: The Court does not need to refer the case to a higher Court. However, the total imprisonment cannot exceed 20 years, and the total punishment for all offences combined cannot exceed twice the punishment for a single offence.

2. Can a person serve more than 20 years of imprisonment for multiple convictions?

• Answer: No. The total imprisonment for multiple offences cannot exceed 20 years, even if the aggregate punishment for the offences would exceed this limit.

3. How does the aggregate sentence work for appeal purposes?

• Answer: When a convicted person appeals, the aggregate of the consecutive sentences is considered as a single sentence for the purpose of the appeal, making the appeal process simpler and more streamlined.

Conclusion

Section 25 provides clarity on how multiple sentences are handled when a person is convicted of more than one offence in a single trial. It ensures that punishments can be combined but with certain limits to prevent excessively long sentences. The aggregate sentence is treated as a single sentence for appeal purposes, ensuring that the process is manageable and fair for the convicted individual.