Section 429 CrPC: Saving

Code of Criminal Procedure, 1973

Section 429 CrPC at a Glance

Section 429 CrPC deals with saving. From 1 July 2024 it is replaced by Section 469 BNSS.

Now BNSS

Section 469 →

What Section 429 CrPC Says

429. Saving

(1) Nothing in section 426 or section 427 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

Source: Section 429, Code of Criminal Procedure, 1973

Section 429 CrPC in Simple Words

Section 429 of the Code of Criminal Procedure, 1973 deals with saving.

Under Section 429(1) CrPC, nothing in Section 426 CrPC or Section 427 CrPC shall be held to excuse any person from any part of the punishment to which the person is liable upon a former or subsequent conviction.

Under Section 429(2) CrPC, when an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

When Section 429 CrPC Applies

  • Section 429(1) CrPC speaks of any person liable to punishment upon a former or subsequent conviction.
  • Section 429(2) CrPC speaks of a substantive sentence of imprisonment to which an award of imprisonment in default of payment of a fine is annexed.
  • The person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment.

Time Limits Under Section 429 CrPC

  • Effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.Act text: “until the person has undergone the further sentence or sentences”

Example of Section 429 CrPC

Meera is undergoing a substantive sentence of imprisonment to which an award of imprisonment in default of payment of a fine is annexed. After the execution of that sentence Meera is to undergo a further substantive sentence of imprisonment. Under Section 429(2) CrPC, effect shall not be given to the award of imprisonment in default of payment of the fine until Meera has undergone the further sentence.

When Section 429 CrPC Does Not Apply

  • Section 429(1) CrPC speaks of Section 426 CrPC and Section 427 CrPC. It does not deal with the setting off of the period of detention undergone by the accused, which Section 428 CrPC covers.
  • Section 429(2) CrPC speaks of imprisonment in default of payment of a fine annexed to a substantive sentence. It does not deal with the warrant for levy of fine, which Section 421 CrPC covers.

Section 429 CrPC Under BNSS 469: What Changed

Section 429 CrPC is now covered under Section 469 BNSS.

Section 469 BNSS has the same heading as Section 429 CrPC. Its text is the same except for the cross-references in Section 469(1) BNSS, which read Section 466 BNSS and Section 467 BNSS where Section 429(1) CrPC read Section 426 CrPC and Section 427 CrPC. Section 469(2) BNSS has the same text as Section 429(2) CrPC.

View detailed comparison (CrPC 429 vs BNSS 469) →

FAQs on Section 429 CrPC

What does Section 429(1) CrPC say about Section 426 CrPC and Section 427 CrPC?▼

Nothing in Section 426 CrPC or Section 427 CrPC shall be held to excuse any person from any part of the punishment to which the person is liable upon a former or subsequent conviction.

When is effect given to an award of imprisonment in default of payment of a fine under Section 429(2) CrPC?▼

Effect shall not be given to the award until the person has undergone the further sentence or sentences.

Which sentences does Section 429(2) CrPC speak of?▼

A substantive sentence of imprisonment to which an award of imprisonment in default of payment of a fine is annexed, and a further substantive sentence or further substantive sentences of imprisonment that the person is to undergo after its execution.

Where is Section 429 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 429(1) CrPC is found in Section 469(1) BNSS and Section 429(2) CrPC in Section 469(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·