BNSS Section 467 — Sentence on offender already sentenced for another offence

CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

Criminal

Summary

When a person is already serving a prison sentence and is later convicted and sentenced again, the new sentence will normally begin only after the first sentence ends. However, the court can order that the new sentence run at the same time as the earlier one. There is a special rule: if a person is serving a sentence for failing to provide security under section 141 and is then sentenced for a crime committed before that order, the new sentence starts right away. If a person is already serving a life sentence and is later sentenced to another term of imprisonment or life imprisonment, the new sentence will run at the same time as the life sentence.

Official Text

(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.

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)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §427 — Sentence on offender already sentenced for another offence