Section 467 BNSS: Sentence on Offender Already Sentenced for Another Offence
Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains how a later sentence of imprisonment operates when a person is already serving another sentence. As a general rule, the later sentence begins after the earlier sentence ends, unless the Court orders both sentences to run concurrently.
Text of Section 467 BNSS
467. Sentence on offender already sentenced for another offence.
(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.
Meaning of Section 467 in Simple Terms
Section 467 deals with the relationship between an existing sentence and a sentence imposed later in another conviction. It distinguishes between consecutive sentences and concurrent sentences.
- Consecutive sentence: the later sentence starts only after the earlier sentence has been completed.
- Concurrent sentence: the later sentence runs at the same time as the sentence already being served.
Under sub-section (1), consecutive operation is the default rule, but the Court has power to direct that the later sentence shall run concurrently with the previous sentence.
Rule Where the Earlier Sentence Is Life Imprisonment
Sub-section (2) creates a specific rule for a person who is already undergoing imprisonment for life. If that person is later sentenced either to imprisonment for a fixed term or to another sentence of life imprisonment, the later sentence runs concurrently with the earlier life sentence.
Exception Relating to Section 141 BNSS
The proviso to Section 467(1) refers to Section 141 BNSS, which is titled Imprisonment in default of security. Where a person is imprisoned for failure to furnish the required security and, while serving that imprisonment, is sentenced for an offence committed before the security order was made, the sentence for that offence begins immediately.
Section 467 BNSS and Section 427 CrPC
Section 467 BNSS corresponds to Section 427 of the Code of Criminal Procedure, 1973, which dealt with the same subject: the operation of a later sentence when an offender was already undergoing another sentence. For matters governed by the BNSS after its commencement, Section 467 is the current provision to consult.
| Situation | Rule under Section 467 |
|---|---|
| Person is already serving imprisonment and receives another term or life sentence | Later sentence ordinarily begins after the earlier sentence, unless the Court orders concurrency. |
| Earlier imprisonment is under Section 141 for default in furnishing security, and later conviction concerns an offence committed before that order | Later sentence begins immediately. |
| Person is already serving life imprisonment and receives a later term sentence or another life sentence | Later sentence runs concurrently with the earlier life sentence. |
Practical Importance of Section 467
The provision affects the effective duration and sequencing of imprisonment where there are multiple convictions. The sentencing Court should therefore clearly state whether a subsequent sentence is to run concurrently with, or consecutively to, the earlier sentence whenever such a direction is legally relevant.
Related BNSS Provisions
Section 467 should be read with nearby provisions concerning execution of sentences, especially Section 466 - Sentence on escaped convict: when to take effect, Section 468 - Set-off of detention against sentence of imprisonment, and Section 469 - Saving.
This page is an informational explanation of Section 467 BNSS and should be read with the official statutory text and applicable judicial decisions.