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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission And Commutation Of Sentences

Section 466 BNSS: Sentence on escaped convict when to take effect

Corresponding CrPC
Section 426 CrPC

Bare Act text

(1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.

(2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict, —

(a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;

(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A sentence of death, life imprisonment or fine passed on an escaped convict takes effect immediately, subject to the Sanhita. For a sentence of imprisonment for a term on an escaped convict, the effect depends on whether it is more severe or not than the sentence he was serving when he escaped, as the section describes.

Chapter XXXIV: Execution, Suspension, Remission And Commutation Of Sentences

  1. 453 Execution of order passed under section 409
  2. 454 Execution of sentence of death passed by High Court
  3. 455 Postponement of execution of sentence of death in case of appeal to Supreme Court
  4. 456 Commutation of sentence of death on pregnant woman
  5. 457 Power to appoint place of imprisonment
  6. 458 Execution of sentence of imprisonment
  7. 459 Direction of warrant for execution
  8. 460 Warrant with whom to be lodged
  9. 461 Warrant for levy of fine
  10. 462 Effect of such warrant
  11. 463 Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  12. 464 Suspension of execution of sentence of imprisonment
  13. 465 Who may issue warrant
  14. 466 Sentence on escaped convict when to take effect
  15. 467 Sentence on offender already sentenced for another offence
  16. 468 Period of detention undergone by accused to be set off against sentence of imprisonment
  17. 469 Saving
  18. 470 Return of warrant on execution of sentence
  19. 471 Money ordered to be paid recoverable as a fine
  20. 472 Mercy petition in death sentence cases
  21. 473 Power to suspend or remit sentences
  22. 474 Power to commute sentence
  23. 475 Restriction on powers of remission or commutation in certain cases
  24. 476 Concurrent power of Central Government in case of death sentences
  25. 477 State Government to act after concurrence with Central Government in certain cases
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