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Section 427 CrPC: Sentence on Offender Already Sentenced - Section 467 BNSS

Understand when a second prison sentence begins, the difference between concurrent and consecutive sentences, and the special rule where a prisoner is already serving life imprisonment.

Updated 18 October 2026 | CrPC Section 427 | BNSS Section 467

Key rule: A subsequent sentence of imprisonment ordinarily begins after the existing sentence ends, unless the court orders that the sentences run concurrently. Where the existing sentence is life imprisonment, the later imprisonment sentence runs concurrently by statute.

Section 427 CrPC - Complete statutory provision

Heading: 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 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.

Current law: Section 467 BNSS, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally took effect on 1 July 2024, replacing the CrPC subject to its saving and transition provisions, including Section 531 BNSS. Section 467 BNSS, titled Sentence on offender already sentenced for another offence, carries forward the framework of former Section 427 CrPC.

Under Section 467(1) BNSS, the later sentence of imprisonment or imprisonment for life normally commences after the previous term ends, unless the court directs concurrent service. The proviso addresses imprisonment imposed for failure to furnish security and an offence committed before the relevant security order; the corresponding security provision under BNSS is Section 141.

Section 467(2) BNSS provides that, when the person is already serving imprisonment for life, a later sentence of imprisonment for a term or life runs concurrently with that earlier life sentence.

Meaning of important legal terms

Concurrent sentences

Sentences are served during the same period. This does not necessarily mean a prisoner is entitled to immediate release: the actual release date depends on the governing sentences, lawful remission, court orders and other applicable rules.

Consecutive sentences

The second sentence starts after the first sentence ends. This is the default under subsection (1) where the court does not direct concurrency.

Subsequent conviction

A conviction occurring while a person is already undergoing a sentence of imprisonment. The section concerns how the new sentence relates to the sentence already being served.

How Section 467 BNSS operates

  1. Identify the existing sentence: Determine whether the prisoner is serving a fixed term or life imprisonment.
  2. Examine the new sentence: The rule applies to imprisonment imposed following a subsequent conviction.
  3. Read the sentencing order: For an existing term sentence, check whether the court expressly directs concurrent service.
  4. Apply the statutory exception: Consider the security-default proviso where its conditions are satisfied.
  5. Apply the life-sentence rule: If the person is already serving life imprisonment, subsection (2) directs concurrent service of the later imprisonment sentence.

Practical examples

Example 1: Two fixed-term sentences

A prisoner is serving a three-year sentence and receives a further two-year imprisonment sentence. Ordinarily the later sentence begins after the earlier sentence ends. If the sentencing court directs concurrency, the periods overlap in accordance with the order.

Example 2: Prisoner already serving life imprisonment

A person serving life imprisonment is subsequently sentenced to five years of imprisonment. Under subsection (2), the later five-year sentence runs concurrently with the life sentence. This rule does not itself convert life imprisonment into a fixed number of years.

Frequently asked questions

Do subsequent imprisonment sentences run concurrently in India?

Under Section 467(1) BNSS, a later imprisonment sentence ordinarily starts after the earlier sentence ends, unless the court directs concurrency. The statutory proviso provides a particular exception.

What happens if the offender is already serving life imprisonment?

Section 467(2) BNSS provides that a later sentence of imprisonment for a term or for life runs concurrently with the existing life sentence.

What is the difference between concurrent and consecutive sentences?

Concurrent sentences run during the same period, while consecutive sentences run one after another, subject to the relevant court order and statutory rules.

Which BNSS section corresponds to Section 427 CrPC?

Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 427 of the Code of Criminal Procedure, 1973.

Does the court have discretion to order concurrency?

Yes. Under subsection (1), the court may direct the subsequent sentence to run concurrently with the previous sentence; subsection (2) sets out a mandatory rule for an offender already serving life imprisonment.

Official legal references

General legal information only. Applicability to pending proceedings and the actual computation of imprisonment depend on the relevant statutes, judicial orders and saving provisions.