Section 31 CrPC: Sentence in cases of conviction of several offences at one trial
Code of Criminal Procedure, 1973
Section 31 CrPC at a Glance
Section 31 CrPC deals with sentence in cases of conviction of several offences at one trial. From 1 July 2024 it is replaced by Section 25 BNSS.
What Section 31 CrPC Says
31. Sentence in cases of conviction of several offences at one trial
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
(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 that—
(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen 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 31, Code of Criminal Procedure, 1973
Section 31 CrPC in Simple Words
Section 31 of the Code of Criminal Procedure, 1973 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 71 of the Indian Penal Code, 1860. Where those punishments consist of imprisonment, each starts when the one before it ends, in the order the Court directs.
The one exception is a direction by the Court that the punishments run concurrently. Section 31(2) CrPC 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 fourteen years. The second cap says that the combined punishment cannot exceed twice the punishment the Court may inflict for a single offence. Under Section 31(3) CrPC, for an appeal by the convicted person, the consecutive sentences passed under Section 31 CrPC added together count as a single sentence.
When Section 31 CrPC Applies
- Under Section 31(1) of the Code of Criminal Procedure, 1973, when a person is convicted at one trial of two or more offences, the Court may, subject to Section 71 of the Indian Penal Code, sentence the person for such offences to the several punishments prescribed for them which the Court is competent to inflict.
- Under Section 31(1) CrPC, such punishments, when consisting of imprisonment, commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
- Under Section 31(2) CrPC, 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 31(2) CrPC, the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
- Under Section 31(3) CrPC, for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against that person under Section 31 CrPC shall be deemed to be a single sentence.
Time Limits Under Section 31 CrPC
- Under the first clause of the proviso to Section 31(2) of the Code of Criminal Procedure, 1973, in no case shall a person given consecutive sentences be sentenced to imprisonment for a longer period than fourteen years.Act text: “in no case shall such person be sentenced to imprisonment for a longer period than fourteen years”
Example of Section 31 CrPC
When Section 31 CrPC Does Not Apply
- Section 31 of the Code of Criminal Procedure, 1973 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 31 CrPC Under BNSS 25: What Changed
Section 31 CrPC is now covered under Section 25 BNSS.
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.
View detailed comparison (CrPC 31 vs BNSS 25) →FAQs on Section 31 CrPC
How do sentences of imprisonment run when a person is convicted of two or more offences at one trial under Section 31 CrPC?▼
Under Section 31(1) of the Code of Criminal Procedure, 1973, when a person is convicted at one trial of two or more offences, the Court may, subject to Section 71 of the Indian Penal Code, sentence the person to the several punishments prescribed which the Court is competent to inflict. Punishments consisting of imprisonment commence the one after the expiration of the other, in such order as the Court may direct, unless the Court directs that they shall run concurrently.
What does the proviso to Section 31(2) CrPC say about consecutive sentences?▼
Under Section 31(2) of the Code of Criminal Procedure, 1973, 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 fourteen 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 when a convicted person files an appeal under Section 31(3) CrPC?▼
Under Section 31(3) of the Code of Criminal Procedure, 1973, for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against that person under Section 31 CrPC shall be deemed to be a single sentence.
Where is Section 31 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 31 CrPC is found in Section 25 BNSS. Section 31(1) CrPC maps to Section 25(1) BNSS, Section 31(2) CrPC with its proviso maps to Section 25(2) BNSS with its proviso, and Section 31(3) CrPC maps to Section 25(3) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·