Section 467 BNSS: Sentence on offender already sentenced for another offence (Formerly Section 427 CrPC)

Section 467 of Bharatiya Nagarik Suraksha Sanhita, 2023: Sentence on offender already sentenced for another offence

Official Bare Act Text

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

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 467

Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 427 of the CrPC, 1973) governs the sentence on an offender already sentenced for another offence, establishing the default rule of consecutive running while granting judicial discretion to direct concurrent sentences, subject to the rule that consecutive life sentences cannot be awarded.

General Rule of Consecutive Running: When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or life imprisonment, such imprisonment shall commence at the expiration of the former imprisonment.
Court's Discretion for Concurrent Running: The Court may direct that the subsequent sentence shall run concurrently with the previous sentence.
Life Imprisonment Proviso: When a person undergoing a sentence of life imprisonment is sentenced to imprisonment or life imprisonment on a subsequent conviction, the subsequent sentence shall run concurrently with the previous sentence.
Bar on Consecutive Life Terms: Life imprisonment means imprisonment for the remainder of natural life; hence multiple life sentences cannot run consecutively.

Key Landmark Precedents:

Muthuramalingam v. State, (2016) 8 SCC 313: The Constitution Bench settled that multiple sentences of life imprisonment cannot be directed to run consecutively, as a life sentence spans the natural life of the convict; however, consecutive terms of term imprisonment preceding a life sentence are legally valid.
V.K. Bansal v. State of Haryana, (2013) 7 SCC 211: The Supreme Court held that in multiple prosecutions under Section 138 NI Act or commercial offences arising from related transactions, courts should invoke Section 427 CrPC to direct sentences to run concurrently to prevent disproportionate incarceration.

Courtroom Practice & Strategic Litigation Guidance:

In multi-cheque prosecutions under Section 138 NI Act or multiple FIRs arising from a single corporate insolvency, make an explicit prayer under Section 467 in the sentencing memo urging the court to direct concurrent running of sentences citing V.K. Bansal.