Section 469 BNSS: Saving (Formerly Section 429 CrPC)

Section 469 of Bharatiya Nagarik Suraksha Sanhita, 2023: Saving

Official Bare Act Text

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

(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.

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 469

Section 469 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 429 of the CrPC, 1973) preserves the operation of special laws relating to the treatment, training, or rehabilitation of youthful offenders, ensuring the Juvenile Justice Act takes precedence over general criminal sentencing provisions.

Saving of Special Youthful Offender Laws: Nothing in Section 466 or Section 467 shall be held to excuse any person from any part of the punishment to which they are liable upon their former or subsequent conviction.
Precedence of Juvenile Justice Act: Ensures that provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 supersedes the general execution rules of BNSS.
Non-penal Detention Safeguard: Commitment to special homes or observation homes is restorative and governed by child protection statutes.

Key Landmark Precedents:

Hari Ram v. State of Rajasthan, (2009) 13 SCC 211: The Supreme Court settled that juvenile claim can be raised at any stage, even after final conviction; special juvenile statutes override general procedural provisions.
Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551: The Constitution Bench affirmed that juvenile justice legislation must be given primacy over the general Code of Criminal Procedure.

Courtroom Practice & Strategic Litigation Guidance:

If a convict was below 18 years of age on the date of commission of the offence, raise juvenility immediately under the JJ Act; Section 469 ensures that ordinary penal sentencing provisions cannot be executed against a juvenile.