CrPC 427→BNSS 467

CrPC 427 to BNSS 467: Sentence on offender already sentenced for another offence

Section 427 CrPC (1973) replaced by Section 467 BNSS (2023)

View CrPC Section 427 →View BNSS Section 467 →

CrPC 427 to BNSS 467 at a Glance

Section 427 CrPC (Sentence on offender already sentenced for another offence) is now Section 467 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 427 to BNSS 467?

From 1 July 2024, Section 427 of the Code of Criminal Procedure, 1973 is found in Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The transition involves only changes of form, and every substantive sentencing rule is unchanged. Specifically, Section 427(1) CrPC and Section 427(2) CrPC are renumbered as Section 467(1) BNSS and Section 467(2) BNSS, and the section reference in the proviso to Section 467(1) BNSS regarding imprisonment in default of furnishing security is updated from section 122 in the Code to section 141 in the Sanhita. The wording of both provisions is otherwise identical.

CrPC 427 vs BNSS 467: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section427467
HeadingSentence on offender already sentenced for another offenceSame
Sub-sections2 sub-sectionsSame
Cross-referencess.122s.141

CrPC 427 and BNSS 467: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 427, CrPC 1973

427. 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.
BNSS 2023 (in force)

Section 467, BNSS 2023

467. 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 141 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.

When It Applies: CrPC 427 vs BNSS 467

Under CrPC 427
  1. When an offender who is already serving a prison term is convicted in a later case and sentenced to imprisonment or life imprisonment under Section 427(1) of the Code of Criminal Procedure, 1973, the new sentence shall begin only after the earlier prison term ends.
  2. The sentencing Court in the subsequent conviction has the authority under Section 427(1) CrPC to order that the new sentence of imprisonment or life imprisonment shall run concurrently with the earlier sentence instead of waiting for it to finish.
  3. As an exception to the general rule in Section 427(1) CrPC, if a person undergoing imprisonment ordered under section 122 for default in furnishing security is sentenced during that detention to imprisonment for an offence committed prior to the making of that order, the later sentence shall begin immediately.
  4. Where a convict who is already serving a sentence of life imprisonment is sentenced on a later conviction to imprisonment for a term or life imprisonment, Section 427(2) CrPC provides that the later sentence shall run concurrently with the existing life sentence.
Under BNSS 467
  1. When an offender who is already serving a prison term is convicted in a later case and sentenced to imprisonment or life imprisonment under Section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the new sentence shall begin only after the earlier prison term ends.
  2. The sentencing Court in the subsequent conviction has the authority under Section 467(1) BNSS to order that the new sentence of imprisonment or life imprisonment shall run concurrently with the earlier sentence instead of waiting for it to finish.
  3. As an exception to the general rule in Section 467(1) BNSS, if a person undergoing imprisonment ordered under section 141 for default in furnishing security is sentenced during that detention to imprisonment for an offence committed prior to the making of that order, the later sentence shall begin immediately.
  4. Where a convict who is already serving a sentence of life imprisonment is sentenced on a later conviction to imprisonment for a term or life imprisonment, Section 467(2) BNSS provides that the later sentence shall run concurrently with the existing life sentence.

What CrPC 427 to BNSS 467 Means in Practice

Because the wording and legal tests in Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are unchanged from Section 427 of the Code of Criminal Procedure, 1973, there is no change in how consecutive and concurrent sentences operate from 1 July 2024. A subsequent sentence still commences after the previous sentence expires unless the Court directs concurrency, immediate commencement still applies to imprisonment in default of furnishing security under section 141, and a subsequent sentence on a person already undergoing imprisonment for life shall still run concurrently with that sentence.

FAQs: CrPC 427 to BNSS 467

Where is Section 427 CrPC found from 1 July 2024?▼

From 1 July 2024, Section 427 of the Code of Criminal Procedure, 1973 is found in Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Specifically, Section 427(1) CrPC corresponds to Section 467(1) BNSS, and Section 427(2) CrPC corresponds to Section 467(2) BNSS. The renumbering of the provision and its parts is a change of form, and the substantive rules governing subsequent sentences on offenders already undergoing imprisonment remain unchanged.

Why does the proviso to Section 467(1) BNSS refer to section 141 instead of section 122?▼

In the proviso to Section 427(1) of the Code of Criminal Procedure, 1973, the exception for immediate commencement of a subsequent sentence referred to a person sentenced to imprisonment by an order under section 122 in default of furnishing security. In Section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, that reference is updated to section 141. This is a change of form reflecting the renumbering of the provision on default of furnishing security in the Sanhita, and the exception itself is unchanged.

Did the rule for offenders already undergoing life imprisonment change between Section 427(2) CrPC and Section 467(2) BNSS?▼

No, the rule is completely unchanged between Section 427(2) of the Code of Criminal Procedure, 1973 and Section 467(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, 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 the previous sentence of imprisonment for life.

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: 18 Oct 2026 ·