Sentence in cases of conviction of several offences at one trial
AI Assist
Summary
When a person is convicted of two or more offences at one trial, the court may impose the separate punishments it is competent to give. Prison terms may run consecutively (one after another) or concurrently as the court directs. Consecutive terms need not be sent to a higher court merely because their total exceeds the maximum for a single offence, but total imprisonment cannot exceed 14 years and the aggregate cannot exceed twice the punishment competent for a single offence. For appeal, the combined consecutive sentence is treated as one sentence.
Example
Ravi is convicted at one trial for theft and for voluntarily causing hurt. The court may give separate punishments for each offence and can order the prison terms to run consecutively or concurrently. If the court orders consecutive terms their total cannot exceed 14 years and cannot be more than twice the punishment the court could impose for a single offence. On appeal the combined consecutive 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 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefore which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
(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 fourteen 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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