Bharatiya Nagarik Suraksha Sanhita

Section 469

Saving

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⚡ Quick Answer Reference: Section 469 BNSS

Provision: Section 469 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Jurisdiction: India
Summary: This section says that even if someone has been convicted under sections 466 or 467, they can't use that as an excuse to avoid any part of their punishment. It also says that if someone is serving a sentence and then gets another sentence, they can't be punished with extra time for not paying a fine until they've finished the second sentence.

Statutory Content

What does Section 469 of BNSS say?

(1) Nothing in section 466 or section 467 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

Indian StandardSection 469, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 469 (India)

Court Pleading StandardSection 469 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 469 of BNSS mean?

Plain English Explanation

This section says that even if someone has been convicted under sections 466 or 467, they can't use that as an excuse to avoid any part of their punishment. It also says that if someone is serving a sentence and then gets another sentence, they can't be punished with extra time for not paying a fine until they've finished the second sentence.

Practical Interpretation

In practical terms, this section means that a person's previous conviction under sections 466 or 467 won't protect them from serving their full sentence. Additionally, if someone is serving a sentence and then gets another sentence, they won't be punished with extra time for not paying a fine until they've finished the second sentence.

Core Legal Purpose

The core purpose of this section is to ensure that individuals who have been convicted under sections 466 or 467 are held accountable for their actions and serve their full sentence. It also aims to prevent individuals from being punished twice for the same offense.

Key Legal Elements

•The section applies to individuals who have been convicted under sections 466 or 467.
•The section applies to individuals who are serving a sentence and then get another sentence.
•The key legal test or threshold standard is that the individual must have been convicted under sections 466 or 467.
•The key exception or limitation under this section is that the individual can't be punished with extra time for not paying a fine until they've finished the second sentence.

Practical Example

Practical Example of Section 469 BNSS

Rajesh is serving a 5-year sentence for a conviction under section 466. After serving 3 years, he gets another 2-year sentence for a separate offense. Under section 469, Rajesh can't be punished with extra time for not paying a fine until he's finished serving the second 2-year sentence. If he fails to pay the fine, he'll be punished with imprisonment in default of payment of the fine only after he's finished serving the second sentence.

Common Questions (FAQ)

Frequently Asked Questions about Section 469 BNSS

Q: What is the punishment or consequence under Section 469 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It only outlines the rules for serving sentences and paying fines.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities who have been convicted under sections 466 or 467.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 469 BNSS

What is Section 469 of BNSS?

Section 469 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Saving". In plain terms: This section says that even if someone has been convicted under sections 466 or 467, they can't use that as an excuse to avoid any part of their punishment. It also says that if someone is serving a sentence and then gets another sentence, they can't be punished with extra time for not paying a fine until they've finished the second sentence.

What is the punishment under Section 469 of BNSS?

Section 469 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 469 of BNSS bailable or non-bailable?

Whether Section 469 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 469 of BNSS?

The essential elements of Section 469 of BNSS are: The section applies to individuals who have been convicted under sections 466 or 467.; The section applies to individuals who are serving a sentence and then get another sentence.; The key legal test or threshold standard is that the individual must have been convicted under sections 466 or 467..

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