CrPC Section 31 — Sentence in cases of conviction of several offences at one trial

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

General

Summary

Sub-section (1) allows the Court, when convicting a person of two or more offences at one trial, to impose the punishments prescribed for those offences that it is competent to impose, subject to section 71 of the Indian Penal Code. If the punishments include imprisonment, they are to be served one after another in the order the Court directs, unless the Court directs that they run at the same time.

Sub-section (2) says that, when sentences are to be served one after another, the case need not be sent to a higher Court solely because their total exceeds the punishment the Court can impose for a single offence. However, under clause (a), the person cannot be sentenced to imprisonment for more than fourteen years; and under clause (b), the total punishment cannot exceed twice the punishment the Court can impose for a single offence.

Sub-section (3) says that, for the convicted person’s appeal, consecutive sentences imposed under this section are treated as one sentence.

Official Text

(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

(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 fourteen 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.

Sections referred to

IPC §71 — Limit of punishment of offence made up of several offences

Related Judgments

NAGARAJA RAO vs CENTRAL BUREAU OF INVESTIGATION — Supreme Court of India (2015)
DURYODHAN ROUT vs STATE OF ORLSSA — Supreme Court of India (2014)
CHATAR SINGH vs STATE OF M.P — Supreme Court of India (2006)
K. PRABHAKARAN vs P. JAYARAJAN — Supreme Court of India (2005)
Nandakumar @ Nandya Laxman Desai] .. vs State of Maharashtra & Anr., ], .., Mr.Mohansingh Rajput, for the App — Bombay High Court (Mumbai Principal Seat) (2024)
O.M. CHERIAN @ THANKACHAN vs STATE OF KERALA & ORS — Supreme Court of India (2014)

Old <-> New Code Mapping

BNSS §25 — Sentence in cases of conviction of several offences at one trial