Criminal procedure | Execution of sentences | Updated 18 October 2026
Section 429 CrPC and Section 469 BNSS: Saving of Sentences
Section 429 of the Code of Criminal Procedure, 1973 and the corresponding Section 469 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protect liability for earlier and later sentences and prescribe when imprisonment in default of paying a fine is to take effect.
Section 469 BNSS, 2023 - Saving
The present provision is in Chapter XXXIV of the BNSS, dealing with execution, suspension, remission and commutation of sentences.
Statutory text
(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.
Section 429 CrPC, 1973 - Saving
The former provision contained the same substantive rules but referred to Sections 426 and 427 CrPC instead of Sections 466 and 467 BNSS.
Statutory text
(1) Nothing in section 426 or section 427 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.
Meaning and legal effect of the saving provision
1. Liability for punishment is preserved
Sub-section (1) makes clear that the sentencing rules for an escaped convict under Section 426 CrPC (now Section 466 BNSS) and for a person sentenced again while already undergoing imprisonment under Section 427 CrPC (now Section 467 BNSS) do not excuse any part of the punishment for the earlier or later conviction.
2. Substantive imprisonment and default imprisonment are different
A substantive sentence of imprisonment is imprisonment imposed as punishment for an offence. Imprisonment in default of payment of a fine is the imprisonment ordered to follow if a fine remains unpaid, subject to the applicable law. Section 469(2) regulates the sequence when both types of imprisonment and further substantive sentences are involved.
3. When default imprisonment takes effect
If default imprisonment is attached to a substantive sentence and, after that substantive sentence, the person must undergo one or more further substantive sentences, the default imprisonment is not given effect until those further substantive sentences have been undergone. This sequencing rule does not itself waive the fine or the default-imprisonment order.
4. Concurrent sentences do not cancel convictions
Under Section 467 BNSS, a court may in applicable circumstances direct that a subsequent sentence run concurrently with an earlier sentence. Section 469(1) prevents such rules from being read as a general exemption from punishment. The calculation of actual time to be served depends on the orders and governing law.
| Issue | CrPC reference | BNSS reference |
|---|---|---|
| Sentence imposed on escaped convict | Section 426 | Section 466 |
| Sentence for an offender already serving another sentence | Section 427 | Section 467 |
| Saving of liability and sequencing of default imprisonment | Section 429 | Section 469 |
Illustrative example
A person is serving a substantive prison sentence accompanied by an order for imprisonment if a fine is not paid. After completing that substantive sentence, the person must serve a further substantive prison sentence. Where the requirements of Section 469(2) BNSS are met, the default imprisonment for non-payment of the fine is not given effect until the further substantive sentence has been served.
This is a simplified illustration; actual commencement and release dates depend on the judgments, warrants, payment status, remission and other applicable rules.
Frequently asked questions
What is the corresponding BNSS provision for Section 429 CrPC?
Section 469 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 429 of the Code of Criminal Procedure, 1973.
Does the saving provision cancel a previous or subsequent sentence?
No. Section 469(1) BNSS states that Sections 466 and 467 do not excuse a person from any part of punishment for an earlier or subsequent conviction.
When is imprisonment in default of fine served if further substantive imprisonment remains?
Where the conditions in Section 469(2) BNSS apply, the imprisonment awarded in default of paying the fine is not given effect until the further substantive sentence or sentences have been undergone.
Does a concurrent sentence mean that punishment is waived?
No. Concurrency concerns how sentences run in time; it does not itself cancel a conviction or the punishment imposed. Section 469 preserves liability, subject to the sentencing rules and lawful orders.
Does Section 429 CrPC still matter after July 2024?
The BNSS commenced on 1 July 2024 and repealed the CrPC subject to the saving and transitional rules in Section 531 BNSS. The applicable provision depends on the case and procedural history.
Official legal sources
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
- India Code - Government of India legislation repository
- Ministry of Home Affairs - Government of India
Check the official statutory text, commencement provisions and any applicable amendments or court orders before relying on this article in a specific case.