CrPC Section 427 — Sentence on offender already sentenced for another offence

Summary

Sub-section (1) says that if a person is already serving a prison sentence and is then sentenced to imprisonment or imprisonment for life for a later conviction, the later sentence starts when the earlier sentence ends, unless the Court directs that the sentences run at the same time. The proviso says that if a person is serving imprisonment imposed under section 122 for failing to provide security, and is sentenced while serving it for an offence committed before that order was made, the later sentence starts immediately.

Sub-section (2) says that if a person is already serving imprisonment for life and is then sentenced for a later conviction to imprisonment for a term or to imprisonment for life, the later sentence runs at the same time as the existing 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 122 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.

Sections referred to

• CrPC §122 — Imprisonment in default of security

Referred to by

• CrPC §429 — Saving

Related Judgments

• M.R.KUDVA vs STATE OF ANDHRA PRADESH — Supreme Court of India (2006)
• BENSON vs STATE OF KERALA — Supreme Court of India (2016)
• V. K. .BANSAL vs STATE OF HARYANA AND ORS. ETC. ETC — Supreme Court of India (2013)
• SHYAM PAL vs DAYAWATL BESOYA & ANR — Supreme Court of India (2016)
• Sachin Manohar Khambe vs The State of Maharashtra, .., …, Dr.Yug Mohit Chaudhry with Mr.Anu — Bombay High Court (Mumbai Principal Seat) (2024)
• NEERA YADAV vs CENTRAL BUREAU OF INVESTIGATON — Supreme Court of India (2017)

Old <-> New Code Mapping

• BNSS §467 — Sentence on offender already sentenced for another offence