Sentence on offender already sentenced for another offence
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Summary
When a person already serving imprisonment receives another jail sentence, the new sentence will normally begin only after the earlier sentence ends. The court can direct that the sentences run concurrently. If the earlier term was imposed for default in furnishing security and the later conviction is for an offence committed before that order, the later sentence starts immediately. If the earlier term is life imprisonment, any later term runs concurrently.
Example
Priya is serving a three-year jail term. Later she is convicted of an offence committed before she failed to furnish security and gets two more years. Because her earlier term was for default in furnishing security, the two-year sentence will begin immediately. If Priya had been serving life, the new sentence would instead run concurrently.
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 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.
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