Section 426 CrPC and Section 466 BNSS: Sentence on Escaped Convict - When Does It Take Effect?
The law specifies when a new sentence imposed on a convict who escaped from custody begins to operate. The result depends on whether the sentence is death, life imprisonment, a fine, or a fixed term of imprisonment, and whether a new term is severer in kind than the earlier sentence.
Section 426 CrPC: Full statutory text
426. Sentence on escaped convict when to take effect.
(1) When a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.
(2) When a sentence of imprisonment for a term is passed under this Code on an escaped convict,-
(a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence.
(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Corresponding current law: Section 466 BNSS, 2023
Section 466, titled Sentence on escaped convict when to take effect, is found in Chapter XXXIV of the BNSS, under general provisions regarding execution of sentences. Its three subsections reproduce the substance of Section 426 CrPC, using the term this Sanhita instead of this Code.
466(1). When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.
466(2). When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict,-
(a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence.
466(3). For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Meaning and operation of the provision
1. Death, life imprisonment or fine
Under subsection (1), these sentences take effect immediately when imposed on an escaped convict, subject to the other applicable provisions governing execution. The rule does not displace procedural protections applicable to a death sentence.
2. A fixed-term sentence severer in kind
Under subsection (2)(a), a new sentence of imprisonment for a term takes effect immediately if it is severer in kind than the sentence being served at the time of escape. The statute expressly treats rigorous imprisonment as severer in kind than simple imprisonment.
3. A fixed-term sentence not severer in kind
Under subsection (2)(b), the new term takes effect only after the escaped convict has undergone an additional period of imprisonment equal to the unexpired portion of the former sentence as it stood at the time of escape.
4. Rigorous versus simple imprisonment
Subsection (3) provides a statutory comparison of the kind of imprisonment: rigorous imprisonment is severer than simple imprisonment. The provision is not merely a comparison of the number of years in the two sentences.
Illustrative examples
Example A: A person serving simple imprisonment escapes and later receives a sentence of rigorous imprisonment for a term. Because rigorous imprisonment is severer in kind, the new term takes effect immediately under subsection (2)(a), subject to the remaining law governing sentence execution.
Example B: A convict escapes with eight months of a prior term unexpired and later receives a new fixed term that is not severer in kind. Under subsection (2)(b), the new term begins after the convict has undergone a further eight months of imprisonment. This is an illustration of commencement, not a determination of any particular prisoner's release date.
Related provisions
Section 425 CrPC (Section 465 BNSS) deals with who may issue a warrant for executing a sentence. Section 427 CrPC (Section 467 BNSS) concerns subsequent sentences imposed on persons already serving imprisonment. Section 428 CrPC (Section 468 BNSS) concerns set-off of pre-conviction detention. These provisions address different questions and should not be treated as interchangeable.
Frequently asked questions
What is Section 426 CrPC?
Section 426 CrPC determines when a new sentence passed on an escaped convict takes effect. The corresponding current provision is Section 466 BNSS.
When does a new sentence take effect immediately?
A sentence of death, life imprisonment or fine takes effect immediately, subject to other applicable provisions. A term of imprisonment also takes effect immediately when it is severer in kind than the sentence being served at escape.
What if the new term of imprisonment is not severer?
It takes effect after the convict has undergone a further period equal to the unexpired portion of the former sentence at the time of escape.
Is rigorous imprisonment severer than simple imprisonment?
Yes. Section 426(3) CrPC and Section 466(3) BNSS expressly treat rigorous imprisonment as severer in kind than simple imprisonment.
Does this rule apply to a prisoner who never escaped?
The section specifically addresses escaped convicts. Separate provisions, including Section 467 BNSS (earlier Section 427 CrPC), address sentences imposed on persons already serving imprisonment.
Official statutory references
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official Act PDF)
- National Crime Records Bureau - BNSS provisions by chapter
- Bureau of Police Research and Development - BNSS text and comparison
This article explains the statutory position generally. The application of savings, sentencing orders and prison records to an individual case requires examination of the relevant court documents.