Section 467 BNSS: Sentence on offender already sentenced for another offence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 467 BNSS at a Glance

Section 467 BNSS deals with sentence on offender already sentenced for another offence. It replaced Section 427 CrPC on 1 July 2024.

Was CrPC

Section 427 →

Section 467 BNSS Bare Act Text

(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.

Source: Section 467, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 467 BNSS in Simple Words

Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates how sentences operate when a person already serving a prison sentence is convicted and sentenced again, resolving whether the new sentence runs consecutively or concurrently.

Under Section 467(1) BNSS, a subsequent sentence of imprisonment or imprisonment for life begins after the previous sentence ends, unless the Court directs it to run concurrently.

As an exception, if a person imprisoned under section 141 for failing to furnish security is sentenced to imprisonment for an offence committed before that order, the later sentence starts immediately, and under Section 467(2) BNSS a subsequent sentence for a term or for life on a life convict shall run concurrently.

When Section 467 BNSS Applies

  • 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.

Example of Section 467 BNSS

Suresh is already undergoing a sentence of imprisonment in prison following a prior conviction. While Suresh is serving that sentence, the Court convicts him in a separate case and sentences him on that subsequent conviction to a term of imprisonment. The Court in the subsequent conviction does not direct that the subsequent sentence shall run concurrently with the previous sentence. Under Section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, because Suresh is not undergoing imprisonment under section 141 in default of furnishing security and is not undergoing a sentence of imprisonment for life, his subsequent sentence of imprisonment shall commence at the expiration of the imprisonment to which he was previously sentenced.

When Section 467 BNSS Does Not Apply

  • Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when the person sentenced on a conviction is not already undergoing a sentence of imprisonment or a sentence of imprisonment for life.
  • Section 467 BNSS does not apply where the subsequent conviction does not result in a sentence of imprisonment or imprisonment for life.
  • The rule in Section 467(2) BNSS that the subsequent sentence shall run concurrently does not apply when the person is not already undergoing a sentence of imprisonment for life at the time of the subsequent sentence.

Section 467 BNSS in the CrPC (Previous Law)

Section 467 BNSS replaced Section 427 CrPC 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. 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.

Each sub-section below names its own source.

FAQs on Section 467 BNSS

When does a subsequent sentence of imprisonment begin under Section 467(1) BNSS?▼

Under Section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a person who is already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, the subsequent sentence shall commence at the expiration of the previous sentence of imprisonment. However, the Court passing the subsequent sentence has the power to direct that the subsequent sentence shall run concurrently with the previous sentence instead of commencing after its expiration.

What happens under Section 467(1) BNSS when a person imprisoned for failing to furnish security receives a new sentence?▼

The proviso to Section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates an exception to the general rule of consecutive sentences. Where a person has been sentenced to imprisonment by an order under section 141 in default of furnishing security and, whilst undergoing that sentence, is sentenced to imprisonment for an offence committed prior to the making of that order, the latter sentence shall commence immediately rather than waiting for the imprisonment in default of furnishing security to expire.

How does Section 467(2) BNSS apply when a prisoner already undergoing life imprisonment is sentenced again?▼

Under Section 467(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a person who is 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 life sentence. Unlike cases governed by Section 467(1) BNSS, the concurrent running under Section 467(2) BNSS does not depend on a direction from the Court.

What changed from Section 427 CrPC to Section 467 BNSS from 1 July 2024?▼

Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, retains the exact substantive rules of the corresponding provision in the Code of Criminal Procedure, 1973 without any change of substance. The only changes are of form, namely renumbering the provision as Section 467 BNSS and updating the internal section reference in the proviso to Section 467(1) BNSS so that it refers to an order under section 141 in default of furnishing security.

Section 467 BNSS: Sub-sections Explained

Section 467(1) BNSS: Sentence on offender already sentenced for another offence

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Bare Act Text

(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.

Previous Law

CrPC 427 → Section 467(1) BNSS

Section 467(2) BNSS: Sentence on offender already sentenced for another offence

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Bare Act Text

(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.

Previous Law

CrPC 427(2) → Section 467(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·