Bharatiya Nagarik Suraksha Sanhita (BNSS) Code 25
This code deals with the sentencing of a person convicted of multiple offences in a single trial.
Code 25. (1)
When a person is convicted of two or more offences at one trial, the Court can sentence them for each offence with the punishments prescribed for each. The Court must consider the gravity of the offences and decide whether the punishments will run concurrently (at the same time) or consecutively (one after the other).
Code 25. (2)
If the sentences are consecutive, the total punishment may exceed the maximum punishment for a single offence. However, the Court does not need to send the offender for trial before a higher Court just because of this. This provision is subject to the following limitations:
- The total imprisonment sentence cannot exceed 20 years.
- The total punishment cannot be more than twice the maximum punishment for a single offence.
Code 25. (3)
For the purpose of appeal, the total of consecutive sentences is considered a single sentence.
Illustration:
Suppose a person is convicted of theft (punishable by 3 years imprisonment) and assault (punishable by 2 years imprisonment) in the same trial. The Court can sentence the person to 3 years imprisonment for theft and 2 years imprisonment for assault. The Court can decide to make these sentences run concurrently (total imprisonment of 3 years) or consecutively (total imprisonment of 5 years). If the sentences run consecutively, the total punishment exceeds the maximum punishment for a single offence (3 years). However, under Code 25. (2), the Court does not need to refer the case to a higher court as long as the total imprisonment does not exceed 20 years.
Common Questions and Answers:
Q: What happens if the total punishment exceeds the limits set by Code 25. (2)?
A: The Court will need to adjust the sentences to comply with the limits. This may involve reducing the duration of some sentences or making them run concurrently instead of consecutively.
Q: Can the Court impose a sentence that is longer than the maximum sentence for a single offence?
A: Yes, but only if the sentences are consecutive and the limits set by Code 25. (2) are not exceeded.
Q: What happens if a person appeals against the consecutive sentences?
A: The appeal will be considered as if it is against a single sentence, representing the total of the consecutive sentences.
