(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. (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 twenty 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.
Bharatiya Nagarik Suraksha Sanhita
Section 25
Sentence in cases of conviction of several offences at one trial
⚡ Quick Answer Reference: Section 25 BNSS
- Provision: Section 25 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: When someone is found guilty of multiple crimes in one trial, the court can decide on separate punishments for each crime. The court considers how serious the crimes are and can choose to make the punishments run at the same time or one after the other. If the total punishment is too long, the court can't send the person to a higher court for a longer sentence.
What does Section 25 of BNSS say?
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What does Section 25 of BNSS mean?
Plain English Explanation
When someone is found guilty of multiple crimes in one trial, the court can decide on separate punishments for each crime. The court considers how serious the crimes are and can choose to make the punishments run at the same time or one after the other. If the total punishment is too long, the court can't send the person to a higher court for a longer sentence.
Practical Interpretation
In real-life practice, this section means that the court has flexibility in sentencing when someone is found guilty of multiple crimes. The court considers the severity of the crimes and decides on the punishments accordingly. This section also sets limits on the total punishment that can be given.
Core Legal Purpose
The core purpose of this section is to provide flexibility to the court in sentencing when someone is found guilty of multiple crimes. It also sets limits on the total punishment that can be given to ensure that the court does not exceed its powers.
- •A person is convicted of two or more offences at one trial.
- •The court is competent to inflict the punishments prescribed for the offences.
- •The court considers the gravity of the offences.
- •The aggregate punishment does not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
Practical Example of Section 25 BNSS
Rajesh is found guilty of theft and assault in one trial. The court considers the severity of both crimes and decides to give Rajesh a 5-year sentence for theft and a 3-year sentence for assault. Since the total punishment is 8 years, which is within the limit set by the court, Rajesh is sentenced to 8 years in prison. The court also decides that the punishments will run concurrently, meaning that Rajesh will serve both sentences at the same time.
Frequently Asked Questions about Section 25 BNSS
Q: What is the punishment or consequence under Section 25 of BNSS?
The punishment or consequence under Section 25 of BNSS is that the court can sentence a person to separate punishments for each crime, which can run concurrently or consecutively. The total punishment cannot exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are found guilty of multiple crimes in one trial.
Q: Is an offence under this section bailable or cognizable?
This section deals with sentencing and does not classify offences as bailable or cognizable. However, the underlying crimes may be bailable or cognizable depending on the circumstances.
Common Questions about Section 25 BNSS
What is Section 25 of BNSS?
Section 25 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentence in cases of conviction of several offences at one trial". In plain terms: When someone is found guilty of multiple crimes in one trial, the court can decide on separate punishments for each crime. The court considers how serious the crimes are and can choose to make the punishments run at the same time or one after the other. If the total punishment is too long, the court can't send the person to a higher court for a longer sentence.
What is the punishment under Section 25 of BNSS?
Section 25 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 25 of BNSS bailable or non-bailable?
Whether Section 25 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 25 of BNSS?
The essential elements of Section 25 of BNSS are: A person is convicted of two or more offences at one trial.; The court is competent to inflict the punishments prescribed for the offences.; The court considers the gravity of the offences..
Landmark Judgments under Section 25 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 25
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