Section 25 BNSS: Sentence in cases of conviction of several offences at one trial
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 25 BNSS at a Glance
Section 25 BNSS deals with sentence in cases of conviction of several offences at one trial. It replaced Section 31 CrPC on 1 July 2024.
Section 25 BNSS Bare Act Text
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided thatβ
(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.
Source: Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 25 BNSS in Simple Words
Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers a person convicted of two or more offences at a single trial. The Court may impose the separate punishments prescribed for those offences, being punishments the Court is competent to inflict, subject to section 9 of the Bharatiya Nyaya Sanhita, 2023. The Court shall also decide, considering the gravity of the offences, whether those punishments run concurrently or consecutively.
Section 25(2) BNSS deals with consecutive sentences. The Court does not have to send the offender to a higher Court for trial merely because the combined punishment is more than the Court may impose for conviction of a single offence. The proviso sets two caps, and the first says that in no case can the person be sentenced to imprisonment for longer than twenty years.
The second cap says that the combined punishment cannot exceed twice the punishment the Court may inflict for a single offence. Under Section 25(3) BNSS, for an appeal by the convicted person, the consecutive sentences passed under Section 25 BNSS added together count as a single sentence.
When Section 25 BNSS Applies
- Under Section 25(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a person is convicted at one trial of two or more offences, the Court may, subject to Section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence the person for such offences to the several punishments prescribed for them which the Court is competent to inflict.
- Under Section 25(1) BNSS, the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
- Under Section 25(2) BNSS, in the case of consecutive sentences, it shall not be necessary for the Court to send the offender for trial before a higher Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which the Court is competent to inflict on conviction of a single offence.
- Under the second clause of the proviso to Section 25(2) BNSS, the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
- Under Section 25(3) BNSS, for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against that person under Section 25 BNSS shall be deemed to be a single sentence.
Time Limits Under Section 25 BNSS
- Under the first clause of the proviso to Section 25(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in no case shall a person given consecutive sentences be sentenced to imprisonment for a longer period than twenty years.Act text: βin no case shall such person be sentenced to imprisonment for a longer period than twenty yearsβ
Example of Section 25 BNSS
When Section 25 BNSS Does Not Apply
- Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a person convicted at one trial of two or more offences. It does not deal with sentences for offences of which a person is convicted at separate trials.
Section 25 BNSS in the CrPC (Previous Law)
Section 25 BNSS replaced Section 31 CrPC from 1 July 2024.
Section 31 of the Code of Criminal Procedure, 1973 became Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 25(1) BNSS refers to Section 9 of the Bharatiya Nyaya Sanhita, 2023 where Section 31(1) CrPC referred to Section 71 of the Indian Penal Code. Section 31(1) CrPC provided that punishments of imprisonment commence the one after the expiration of the other unless the Court directs that they shall run concurrently, and Section 25(1) BNSS reads that the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. The first clause of the proviso to Section 25(2) BNSS reads twenty years where Section 31(2) CrPC read fourteen years, and the rest of the text is the same.
Each sub-section below names its own source.
FAQs on Section 25 BNSS
How does a Court decide whether sentences run concurrently or consecutively under Section 25 BNSS?βΌ
Under Section 25(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a person is convicted at one trial of two or more offences, the Court may, subject to Section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence the person to the several punishments prescribed which the Court is competent to inflict. Section 25(1) BNSS provides that the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
What does the proviso to Section 25(2) BNSS say about consecutive sentences?βΌ
Under Section 25(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the case of consecutive sentences, the Court need not send the offender for trial before a higher Court by reason only of the aggregate punishment exceeding what it is competent to inflict for a single offence. Under the proviso, in no case shall such person be sentenced to imprisonment for a longer period than twenty years, and the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
How are consecutive sentences treated for an appeal by a convicted person under Section 25(3) BNSS?βΌ
Under Section 25(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against that person under Section 25 BNSS shall be deemed to be a single sentence.
What changed from Section 31 CrPC to Section 25 BNSS from 1 July 2024?βΌ
From 1 July 2024, Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 31 of the Code of Criminal Procedure, 1973. Section 25(1) BNSS refers to Section 9 of the Bharatiya Nyaya Sanhita, 2023 where Section 31(1) CrPC referred to Section 71 of the Indian Penal Code. Section 31(1) CrPC provided that punishments of imprisonment commence the one after the expiration of the other unless the Court directs that they shall run concurrently, and Section 25(1) BNSS reads that the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. The first clause of the proviso to Section 25(2) BNSS reads twenty years where Section 31(2) CrPC read fourteen years. Section 25(3) BNSS has the same text as Section 31(3) CrPC.
Section 25 BNSS: Sub-sections Explained
Section 25(1) BNSS: Sentence in cases of conviction of several offences at one trial
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Bare Act Text
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
Section 25(2) BNSS: Sentence in cases of conviction of several offences at one trial
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Bare Act Text
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided thatβ
(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
Previous Law
CrPC 31(2) β Section 25(2) BNSS
Section 25(3) BNSS: Sentence in cases of conviction of several offences at one trial
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Bare Act Text
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.
Previous Law
CrPC 31(3) β Section 25(3) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 Β· Last updated: 27 Oct 2026 Β·