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Under section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person serving an ordinary…

Section 467(1) makes a later sentence consecutive unless the court directs concurrency. Section 467(2) separately requires concurrency where the existing sentence is life…

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Under section 467(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person serving an ordinary fixed-term sentence receives a later sentence of imprisonment on a subsequent conviction. The earlier sentence is not imprisonment in default of furnishing security and the court makes no direction for concurrency. When does the later sentence begin?

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Answer and explanation

Correct answer A

Section 467(1) makes a later sentence consecutive unless the court directs concurrency. Section 467(2) separately requires concurrency where the existing sentence is life imprisonment; the security-default proviso is also excluded by the stated facts. With the stated exclusions and no concurrency direction, the later sentence starts after the earlier one expires. Concurrency requires a direction in the stated situation; it is not the default. A later life sentence does not automatically displace the existing sentence or run first. The concurrent-by-default and life-first propositions are incorrect.

See section 467(1)–(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and former section 427 of the Code of Criminal Procedure, 1973.

Option feedback

Option A

With the stated exclusions and no concurrency direction, the later sentence starts after the earlier one expires.

Option B

Concurrency requires a direction in the stated situation; it is not the default.

Option C

A later life sentence does not automatically displace the existing sentence or run first.

Option D

The concurrent-by-default and life-first propositions are incorrect.

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