Section 466 BNSS: Sentence on escaped convict when to take effect

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 466 BNSS at a Glance

Section 466 BNSS deals with sentence on escaped convict when to take effect. It replaced Section 426 CrPC on 1 July 2024.

Was CrPC

Section 426 →

Section 466 BNSS Bare Act Text

(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.

Source: Section 466, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 466 BNSS in Simple Words

Section 466 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with when a sentence passed on an escaped convict takes effect.

A sentence of death, imprisonment for life or fine passed under this Sanhita on an escaped convict shall, subject to the provisions hereinbefore contained, take effect immediately.

A sentence of imprisonment for a term takes effect immediately if it is severer in kind than the sentence which the convict was undergoing when the convict escaped, and otherwise 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.

When Section 466 BNSS Applies

  • 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 Under Section 466 BNSS

  • 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”

Example of Section 466 BNSS

Vikram, an escaped convict, was undergoing a sentence of simple imprisonment when Vikram escaped. A Court passes on Vikram a sentence of rigorous imprisonment for a term. Under Section 466(3) BNSS that sentence is deemed to be severer in kind than a sentence of simple imprisonment, so under Section 466(2) BNSS the new sentence shall take effect immediately.

When Section 466 BNSS Does Not Apply

  • Section 466 BNSS speaks of a sentence passed on an escaped convict. It does not deal with a sentence passed on an offender already sentenced for another offence, which Section 467 BNSS covers.
  • Section 466 BNSS speaks of when a sentence takes effect. It does not deal with the setting off of the period of detention undergone by the accused against a sentence of imprisonment, which Section 468 BNSS covers.

Section 466 BNSS in the CrPC (Previous Law)

Section 466 BNSS replaced Section 426 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 466 BNSS

When does a sentence of death, imprisonment for life or fine passed on an escaped convict take effect?▼

Under Section 466(1) BNSS, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.

When does a sentence of imprisonment for a term passed on an escaped convict take effect?▼

Under Section 466(2) BNSS, the new sentence shall take effect immediately if it is severer in kind than the sentence which the convict was undergoing when the convict escaped. If it is not severer in kind, the new sentence 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.

What does Section 466(3) BNSS say about rigorous imprisonment and simple imprisonment?▼

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.

What changed from Section 426 CrPC to Section 466 BNSS from 1 July 2024?▼

Section 466 BNSS has the same heading as Section 426 CrPC. Its text is the same except that 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.

Section 466 BNSS: Sub-sections Explained

Section 466(1) BNSS: Sentence on escaped convict when to take effect

▶

Bare Act Text

(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.

Previous Law

CrPC 426 → Section 466(1) BNSS

Section 466(2) BNSS: Sentence on escaped convict when to take effect

▶

Bare Act Text

(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.

Previous Law

CrPC 426(2) → Section 466(2) BNSS

Section 466(3) BNSS: Sentence on escaped convict when to take effect

▶

Bare Act Text

(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.

Previous Law

CrPC 426(3) → Section 466(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·