Sentence on offender already sentenced for another offence
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Summary
When a person already serving imprisonment is again sentenced, the later sentence ordinarily begins only after the earlier one ends. The court may direct that the sentences run concurrently. If the current imprisonment is because the person failed to furnish security and the new conviction is for an offence committed before that default order, the later sentence starts immediately. If the person is already serving life imprisonment, any later sentence runs concurrently.
Example
Priya is serving one month in prison because she failed to furnish security. While serving that term she is convicted of an offence committed before the security-default order and sentenced to six months. Under this rule the six-month sentence will commence immediately instead of waiting for the one-month term to finish.
Bare Act
Enacted text(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 141 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.
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