Section 426 CrPC: Sentence on escaped convict when to take effect
Code of Criminal Procedure, 1973
Section 426 CrPC at a Glance
Section 426 CrPC deals with sentence on escaped convict when to take effect. From 1 July 2024 it is replaced by Section 466 BNSS.
What Section 426 CrPC Says
426. Sentence on escaped convict when to take effect
(1) When a sentence of death, imprisonment for life or fine is passed under this Code 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 Code 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 426, Code of Criminal Procedure, 1973
Section 426 CrPC in Simple Words
Section 426 of the Code of Criminal Procedure, 1973 deals with when a sentence passed on an escaped convict takes effect.
A sentence of death, imprisonment for life or fine passed under this Code 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 426 CrPC Applies
- Section 426(1) CrPC speaks of a sentence of death, imprisonment for life or fine passed under this Code on an escaped convict.
- Section 426(2) CrPC speaks of a sentence of imprisonment for a term passed under this Code on an escaped convict.
- Under Section 426(3) CrPC, for the purposes of Section 426(2) CrPC, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Time Limits Under Section 426 CrPC
- 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 426 CrPC
When Section 426 CrPC Does Not Apply
- Section 426 CrPC 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 427 CrPC covers.
- Section 426 CrPC 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 428 CrPC covers.
Section 426 CrPC Under BNSS 466: What Changed
Section 426 CrPC is now covered under Section 466 BNSS.
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.
View detailed comparison (CrPC 426 vs BNSS 466) →FAQs on Section 426 CrPC
When does a sentence of death, imprisonment for life or fine passed on an escaped convict take effect?▼
Under Section 426(1) CrPC, 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 426(2) CrPC, 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 426(3) CrPC say about rigorous imprisonment and simple imprisonment?▼
For the purposes of Section 426(2) CrPC, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Where is Section 426 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 426(1) CrPC is found in Section 466(1) BNSS, Section 426(2) CrPC in Section 466(2) BNSS and Section 426(3) CrPC in Section 466(3) BNSS. Section 426(2)(a) CrPC is found in Section 466(2)(a) BNSS and Section 426(2)(b) CrPC in Section 466(2)(b) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·