Section 427: Sentence on offender already sentenced for another offence

The Code of Criminal Procedure, 1973Central Act · 1973

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024

(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.

Where this provision sits

Act	The Code of Criminal Procedure, 1973
Section	427
Marginal note	Sentence on offender already sentenced for another offence
Jurisdiction	Central
Status	Repealed
Judgments citing it	69

Judgments that turned on this provision

CRL A/275/2022 of UNION OF INDIA REP BBY ITS Vs THIRUSELVAM @ KUMAR @ SANKAR @ MURALIMadras High Court · 2026-01-05
CRL OP(MD)/21436/2025 of Siva @ Suresh Vs The State of Tamilnadu, rep by The Inspector of police,Madras High Court · 2025-11-26
WP/55/2025 of JITENDRAKUMAR ANILKUMAR SINGH AND ANOTHER Vs THE STATE OF MAHARASHTRA THR. PSO PS RAMNAGAR, DIST. CHANDRAPUR AND 2 OTHERSBombay High Court · 2025-11-19
SUO MOTU TR(MD)/19160/2025 of Sub Inspector of Police Vs Sathya and 2 othersMadras High Court · 2025-11-12
CRM-M/16419/2020 of RAMESH KUMAR @ KAKA Vs STATE OF PUNJABHigh Court of Punjab and Haryana · 2025-11-04
CRMMO/995/2025 of RAKESH KUMAR Vs STATE OF HP AND ORSHigh Court of Himachal Pradesh · 2025-10-29
WP/53/2021 of MAHADEV ASARAM SILLODE (C-10644) Vs THE STATE OF MAHARASHTRABombay High Court · 2022-04-06
MOHD ZAHID vs STATE, THROUGH NCBSupreme Court of India · 2021-12-07

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