(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.
Bharatiya Nagarik Suraksha Sanhita
Section 467
Sentence on offender already sentenced for another offence
⚡ Quick Answer Reference: Section 467 BNSS
- Provision: Section 467 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: This section explains how sentences are given to someone already serving time for another crime. The new sentence usually starts after the current one ends, unless the court says they should run at the same time.
What does Section 467 of BNSS say?
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What does Section 467 of BNSS mean?
Plain English Explanation
This section explains how sentences are given to someone already serving time for another crime. The new sentence usually starts after the current one ends, unless the court says they should run at the same time.
Practical Interpretation
In practice, this means courts have to decide whether to make new sentences run one after the other or at the same time when someone is already in prison for something else.
Core Legal Purpose
The main goal is to set rules for how multiple sentences are served when someone is convicted of more than one crime, ensuring fairness and clarity in the sentencing process.
- •The person must already be serving a sentence of imprisonment.
- •The person is sentenced again for another offence.
- •The court must decide whether the new sentence runs concurrently or consecutively.
- •An exception applies if the person was sentenced to imprisonment in default of furnishing security and then sentenced for an offence committed before that order.
Practical Example of Section 467 BNSS
Rajesh is serving a 5-year sentence for theft. While in prison, he is convicted of another crime, assault, which happened before his current imprisonment. The court must decide if the sentence for assault runs at the same time as his current sentence or after it ends. If Rajesh was initially imprisoned for not paying a security bond related to a different case, and the new crime was before that bond issue, his new sentence could start right away.
Frequently Asked Questions about Section 467 BNSS
Q: What is the punishment or consequence under Section 467 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines how sentences are structured when someone is convicted of multiple offences.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who are already undergoing a sentence of imprisonment and are then sentenced for another offence, regardless of whether they are private individuals or associated with public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the bailability or cognizability of offences but rather with the sequencing of sentences for individuals already imprisoned.
Common Questions about Section 467 BNSS
What is Section 467 of BNSS?
Section 467 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentence on offender already sentenced for another offence". In plain terms: This section explains how sentences are given to someone already serving time for another crime. The new sentence usually starts after the current one ends, unless the court says they should run at the same time.
What is the punishment under Section 467 of BNSS?
Section 467 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 467 of BNSS bailable or non-bailable?
Whether Section 467 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 467 of BNSS?
The essential elements of Section 467 of BNSS are: The person must already be serving a sentence of imprisonment.; The person is sentenced again for another offence.; The court must decide whether the new sentence runs concurrently or consecutively..
Landmark Judgments under Section 467 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 467
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