Code
(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:
Provided that where a person who has been sentenced to imprisonment by an order under section 141 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.
(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.
Explanation of Section 467 BNSS
Section 467 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the execution of sentences when an offender is convicted while already serving a prison term.
Key Provisions
- Default Rule – Consecutive Sentences
- If an offender already serving a sentence is convicted again, the new sentence starts only after the previous sentence ends.
- However, the Court may allow both sentences to run concurrently.
- Exception – Security Cases (Section 141 BNSS)
- If an offender was sentenced under Section 141 BNSS for failing to furnish security and is later convicted for an offence committed before that order, the new sentence starts immediately.
- Life Imprisonment Cases – Concurrent Sentences
- If a person already serving life imprisonment is sentenced again (either for life or a fixed term), the new sentence runs concurrently with the existing one.
Illustrations
Example 1: Consecutive Sentences for a Repeat Offender
A person is sentenced to 5 years imprisonment for theft. While serving his term, he is convicted for another theft and sentenced to 3 years.
- As per Section 467 BNSS, the new 3-year sentence starts after the original 5-year sentence ends, unless the court orders it to run concurrently.
Example 2: Immediate Sentence in Security Case
A person fails to furnish security under Section 141 BNSS and is sentenced to 6 months in prison. Later, he is convicted for an offence committed before the security order and sentenced to 2 years.
- As per the proviso in Section 467 BNSS, the new sentence starts immediately instead of waiting for the security-related sentence to end.
Example 3: Life Imprisonment with Additional Sentence
A prisoner serving life imprisonment for murder is convicted for another serious offence and sentenced to 10 years in prison.
- Since he is already serving life imprisonment, the new sentence runs concurrently with the life term.
Common Questions & Answers on Section 467 BNSS
1. What happens if a prisoner is convicted while already serving a sentence?
By default, the new sentence starts after the previous sentence ends, unless the court orders them to run concurrently.
2. When do sentences run concurrently under Section 467 BNSS?
- If the Court explicitly directs it for normal cases.
- If a person already serving life imprisonment is sentenced again, the new sentence automatically runs concurrently.
3. Why does an exception exist for security cases (Section 141 BNSS)?
The law ensures that offenders do not escape immediate punishment for past offences by simply failing to furnish security.
4. If a prisoner is sentenced twice to life imprisonment, do they serve two life terms?
No. As per Section 467(2) BNSS, the second life sentence runs concurrently with the first.
5. Can the court order consecutive life sentences?
Generally, life sentences run concurrently, but in extreme cases, courts may specify that one life term follows another (though this is rare).
Conclusion
Section 467 BNSS ensures that multiple convictions are handled fairly and efficiently, preventing prisoners from avoiding accountability for new crimes while already in custody. It also clarifies when sentences run consecutively or concurrently, ensuring justice is served.
For more legal insights, visit ApniLaw!
