Sanhita.ai

Code of Criminal Procedure

(CRPC)

Sentence on offender already sentenced for another offence.

Chapter 32: Execution, Suspension, Remission And commutation Of Sentences

Section: 427

(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 122 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.[Substituted by Act 25 of 2005, Section 31 for "an appeal to the High Court against the sentence on the ground of its inadequacy" (w.e.f. 23-6-200).]

TAMIL NADU.- In Section 427 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), after sub-section (1) the following sub-section shall be inserted, namely :-"(1-A) Notwithstanding anything contained in sub-section (1), when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment under sub-section (2) of Section 380 of the Indian Penal Code (Central Act XLV of 1860), for an offence or theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced." [Tamil Nadu Act 28 of 1993, Section 6]

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