(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.
Bharatiya Nagarik Suraksha Sanhita
Section 466
Sentence on escaped convict when to take effect
⚡ Quick Answer Reference: Section 466 BNSS
- Provision: Section 466 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: When a convict escapes, this section explains when their new sentence will start. If the new sentence is harsher, it starts right away. If it's not harsher, the convict must serve the remaining time of their old sentence before starting the new one.
What does Section 466 of BNSS say?
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What does Section 466 of BNSS mean?
Plain English Explanation
When a convict escapes, this section explains when their new sentence will start. If the new sentence is harsher, it starts right away. If it's not harsher, the convict must serve the remaining time of their old sentence before starting the new one.
Practical Interpretation
In practical terms, this section ensures that escaped convicts face consequences for their actions. If the new sentence is harsher, it takes effect immediately, reflecting the seriousness of the convict's actions. If the new sentence is not harsher, the convict must complete their old sentence before starting the new one.
Core Legal Purpose
The core purpose of this section is to ensure that escaped convicts face consequences for their actions. It aims to maintain the integrity of the justice system by ensuring that convicts serve their sentences in full, even if they escape.
- •The convict must have escaped from a sentence passed under the Bharatiya Nagarik Suraksha Sanhita.
- •The new sentence must be passed under the Bharatiya Nagarik Suraksha Sanhita.
- •The new sentence must be either death, imprisonment for life, fine, or imprisonment for a term.
- •If the new sentence is harsher in kind than the old sentence, it takes effect immediately.
Practical Example of Section 466 BNSS
Rajesh, a convict, was serving a 5-year sentence for theft. He escaped and was caught after 2 years. The court passed a new sentence of 7 years for attempted escape. Since the new sentence is harsher, it takes effect immediately, and Rajesh must serve the remaining 5 years of his old sentence plus the new 7-year sentence.
Frequently Asked Questions about Section 466 BNSS
Q: What is the punishment or consequence under Section 466 of BNSS?
The punishment or consequence under Section 466 of BNSS is that the new sentence takes effect immediately if it is harsher in kind than the old sentence, or after the convict has served the remaining time of their old sentence if the new sentence is not harsher.
Q: Does this section apply to private individuals or public entities?
This section applies to convicts who have escaped from a sentence passed under the Bharatiya Nagarik Suraksha Sanhita, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
An offence under this section is not bailable or cognizable, as it is a procedural provision related to the execution of sentences.
Common Questions about Section 466 BNSS
What is Section 466 of BNSS?
Section 466 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentence on escaped convict when to take effect". In plain terms: When a convict escapes, this section explains when their new sentence will start. If the new sentence is harsher, it starts right away. If it's not harsher, the convict must serve the remaining time of their old sentence before starting the new one.
What is the punishment under Section 466 of BNSS?
Section 466 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 466 of BNSS bailable or non-bailable?
Whether Section 466 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 466 of BNSS?
The essential elements of Section 466 of BNSS are: The convict must have escaped from a sentence passed under the Bharatiya Nagarik Suraksha Sanhita.; The new sentence must be passed under the Bharatiya Nagarik Suraksha Sanhita.; The new sentence must be either death, imprisonment for life, fine, or imprisonment for a term..
Landmark Judgments under Section 466 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 466
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