CrPC 427 to BNSS 467: Sentence on offender already sentenced for another offence
Section 427 CrPC (1973) replaced by Section 467 BNSS (2023)
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
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 427 | 467 |
| Heading | Sentence on offender already sentenced for another offence | Same |
| Sub-sections | 2 sub-sections | Same |
| Cross-references | s.122 | s.141 |
CrPC 427 and BNSS 467: Bare Act Text Side by Side
Section 427, CrPC 1973
Section 467, BNSS 2023
When It Applies: CrPC 427 vs BNSS 467
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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 ·