Section 427 CrPC: Sentence on offender already sentenced for another offence

Code of Criminal Procedure, 1973

Section 427 CrPC at a Glance

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

Now BNSS

Section 467 →

What Section 427 CrPC Says

427. Sentence on offender already sentenced for another offence

(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 122 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 427, Code of Criminal Procedure, 1973

Section 427 CrPC in Simple Words

Section 427 of the Code of Criminal Procedure, 1973 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 427(1) CrPC, 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 122 for failing to furnish security is sentenced to imprisonment for an offence committed before that order, the later sentence starts immediately, and under Section 427(2) CrPC a subsequent sentence for a term or for life on a life convict shall run concurrently.

When Section 427 CrPC 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 427(1) of the Code of Criminal Procedure, 1973, the new sentence shall begin only after the earlier prison term ends.
  • The sentencing Court in the subsequent conviction has the authority under Section 427(1) CrPC 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 427(1) CrPC, if a person undergoing imprisonment ordered under section 122 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 427(2) CrPC provides that the later sentence shall run concurrently with the existing life sentence.

Example of Section 427 CrPC

Ramesh is already undergoing a sentence of imprisonment in prison following a prior conviction. While Ramesh 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 427(1) of the Code of Criminal Procedure, 1973, because Ramesh is not undergoing imprisonment under section 122 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 427 CrPC Does Not Apply

  • Section 427 of the Code of Criminal Procedure, 1973 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 427 CrPC does not apply where the subsequent conviction does not result in a sentence of imprisonment or imprisonment for life.
  • The rule in Section 427(2) CrPC 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 427 CrPC Under BNSS 467: What Changed

Section 427 CrPC is now covered under Section 467 BNSS.

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.

View detailed comparison (CrPC 427 vs BNSS 467) →

FAQs on Section 427 CrPC

When does a subsequent sentence of imprisonment begin under Section 427(1) CrPC?▼

Under Section 427(1) of the Code of Criminal Procedure, 1973, 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 427(1) CrPC when a person imprisoned for failing to furnish security receives a new sentence?▼

The proviso to Section 427(1) of the Code of Criminal Procedure, 1973 creates an exception to the general rule of consecutive sentences. Where a person has been sentenced to imprisonment by an order under section 122 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 427(2) CrPC apply when a prisoner already undergoing life imprisonment is sentenced again?▼

Under Section 427(2) of the Code of Criminal Procedure, 1973, 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 427(1) CrPC, the concurrent running under Section 427(2) CrPC does not depend on a direction from the Court.

Where is the provision corresponding to Section 427 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 remained in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 427 CrPC is found in Section 467 BNSS, with Section 427(1) CrPC and Section 427(2) CrPC corresponding to Section 467(1) BNSS and Section 467(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·