Sentence in cases of conviction of several offences at one trial
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Summary
When a person is convicted of multiple offences at one trial, the court may impose the separate punishments it is competent to inflict and order them to run concurrently or consecutively. If sentences run consecutively, the court need not send the offender to a higher court just because the total exceeds the maximum for a single offence, but total imprisonment cannot exceed twenty years and cannot exceed twice the maximum the court could impose for one offence. For appeal, the aggregate consecutive term is treated as a single sentence.
Example
Ravi is convicted at one trial of theft and assault. The court imposes the separate punishments it is competent to inflict and orders them to run consecutively, so his terms add up. The court does not send the case to a higher court just because the total exceeds the usual maximum for a single offence, but his total imprisonment cannot exceed twenty years and cannot be more than twice the maximum the court could impose for one offence. On appeal the combined term is treated as a single sentence.
Bare Act
Enacted text(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided that-
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(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
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(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.
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