BNSS Section 466 — Sentence on escaped convict when to take effect

CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

Criminal

Summary

If a person who has escaped from prison is later convicted and sentenced to death, life imprisonment, or a fine, that new sentence takes effect right away. If the new sentence is a fixed term of imprisonment, it takes effect immediately only if it is a harsher type of punishment than the one the person was serving when they escaped. If the new sentence is not harsher in type, it will only begin after the person has served the remaining part of their original sentence that was left at the time of escape. For this rule, rigorous imprisonment is considered harsher than simple imprisonment.

Official Text

(1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.

(2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict, —

(a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;

(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.1054 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §426 — Sentence on escaped convict when to take effect