Section 25 BNSS: Sentence in cases of conviction of several offences at one trial (Formerly Section 31 CrPC)

Section 25 of Bharatiya Nagarik Suraksha Sanhita, 2023: Sentence in cases of conviction of several offences at one trial

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 25

Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the Directorate of Prosecution, providing institutional oversight and executive autonomy over state prosecutions.

Core Legal Standard: Section 25 mandates that the State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and Deputy Directors of Prosecution.
The Director: The Director must have at least ten years of practice as an advocate or have served as a Sessions Judge, appointed with the concurrence of the Chief Justice of the High Court.

The Directorate exercises administrative and supervisory control over all Public Prosecutors, Additional Public Prosecutors, and Assistant Public Prosecutors throughout the state, reviewing appeals against acquittals, monitoring trial progress, and issuing binding prosecution guidelines.

Key Landmark Precedents:

Vineet Narain v. Union of India (1998) 1 SCC 226: The Supreme Court directed the establishment of independent Directorates of Prosecution insulated from police hierarchies to ensure objective review of charge-sheets and impartial appellate decisions.
S.B. Shahane v. State of Maharashtra (1995) Supp (3) SCC 37: Mandated the complete structural separation of prosecution agencies from the police department to preserve judicial integrity and prevent partisan prosecution.

Legal Commentary:

Section 25 institutionalizes professional prosecution oversight. In practical criminal litigation, scrutinizing whether an appeal against acquittal or a decision to withdraw prosecution has received statutory approval from the Directorate under Section 25 is a critical ground of procedural review.