Sentence on offender already sentenced for another offence :
Section – 427. (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.
STATE AMENDMENTS
TAMIL NADU
Sub-section (1A) – The following sub-section shall be inserted after sub-section (1)
“(1A) Notwithstanding anything contained in sub-section (1), when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment under sub-section (2) of section 380 of the Indian Penal Code (Central Act XLV of 1860), for an offence of theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced.”—Vide T.N. Act 28 of 1993.
COMMENTS
AMENDMENTS
1898 Code vs. 1973 Code
Reference to solitary confinement omitted – Sections 425, 426 and 427 correspond to sections 389, 396 and 397 of the old Code, respectively. There is no change in the old provisions except that reference to solitary confinement in old section 396(2) has been omitted “as such confinement has ceased to be in vogue”.