CrPC 426 to BNSS 466: Sentence on escaped convict when to take effect
Section 426 CrPC (1973) replaced by Section 466 BNSS (2023)
CrPC 426 to BNSS 466 at a Glance
Section 426 CrPC (Sentence on escaped convict when to take effect) is now Section 466 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 426 to BNSS 466?
Section 466 BNSS has the same heading as Section 426 CrPC. Section 466(1) BNSS and Section 466(2) BNSS read under this Sanhita where Section 426(1) CrPC and Section 426(2) CrPC read under this Code. The rest of the text is the same.
CrPC 426 vs BNSS 466: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 426 | 466 |
| Heading | Sentence on escaped convict when to take effect | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 426 and BNSS 466: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 426, CrPC 1973
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.
BNSS 2023 (in force)
Section 466, BNSS 2023
466. Sentence on escaped convict when to take effect.—(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.
(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.
(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.
When It Applies: CrPC 426 vs BNSS 466
Under CrPC 426
- Section 426(1) CrPC speaks of a sentence of death, imprisonment for life or fine passed under this Code on an escaped convict.
- Section 426(2) CrPC speaks of a sentence of imprisonment for a term passed under this Code on an escaped convict.
- Under Section 426(3) CrPC, for the purposes of Section 426(2) CrPC, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Under BNSS 466
- Section 466(1) BNSS speaks of a sentence of death, imprisonment for life or fine passed under this Sanhita on an escaped convict.
- Section 466(2) BNSS speaks of a sentence of imprisonment for a term passed under this Sanhita on an escaped convict.
- Under Section 466(3) BNSS, for the purposes of Section 466(2) BNSS, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Time Limits: CrPC 426 to BNSS 466
Under CrPC 426
- A sentence of death, imprisonment for life or fine passed on an escaped convict shall, subject to the provisions hereinbefore contained, take effect immediately.Act text: “such sentence shall, subject to the provisions hereinbefore contained, take effect immediately”
- A sentence of imprisonment for a term that is severer in kind than the sentence which the convict was undergoing when the convict escaped shall take effect immediately.Act text: “the new sentence shall take effect immediately”
- A sentence of imprisonment for a term that is not severer in kind shall take effect after the convict has suffered imprisonment for a further period equal to that which, at the time of the escape, remained unexpired of the former sentence.Act text: “the new sentence shall take effect after he has suffered imprisonment for a further period”
Under BNSS 466
- A sentence of death, imprisonment for life or fine passed on an escaped convict shall, subject to the provisions hereinbefore contained, take effect immediately.Act text: “such sentence shall, subject to the provisions hereinbefore contained, take effect immediately”
- A sentence of imprisonment for a term that is severer in kind than the sentence which the convict was undergoing when the convict escaped shall take effect immediately.Act text: “the new sentence shall take effect immediately”
- A sentence of imprisonment for a term that is not severer in kind shall take effect after the convict has suffered imprisonment for a further period equal to that which, at the time of the escape, remained unexpired of the former sentence.Act text: “the new sentence shall take effect after he has suffered imprisonment for a further period”
What CrPC 426 to BNSS 466 Means in Practice
Section 466 BNSS and Section 426 CrPC use the same words on when a sentence passed on an escaped convict takes effect, apart from the word Sanhita in place of the word Code. Section 466(3) BNSS has the same sentence as Section 426(3) CrPC on rigorous imprisonment and simple imprisonment.
FAQs: CrPC 426 to BNSS 466
Where is Section 426 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 426(1) CrPC is found in Section 466(1) BNSS, Section 426(2) CrPC in Section 466(2) BNSS and Section 426(3) CrPC in Section 466(3) BNSS.
Do the words of Section 466 BNSS differ from Section 426 CrPC?▼
Yes. Section 466(1) BNSS and Section 466(2) BNSS read under this Sanhita where Section 426(1) CrPC and Section 426(2) CrPC read under this Code. The rest of the text is the same.
Does Section 466(3) BNSS differ from Section 426(3) CrPC?▼
No. Both read that, for the purposes of Section 466(2) BNSS and Section 426(2) CrPC respectively, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·