Section 25 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 25 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses situations where a person is convicted of multiple offences in a single trial. The section outlines how sentences should be imposed and aggregated in such cases.
📜 Text of Section 25
Section 25: Sentence in cases of conviction of several offences at one trial(
When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
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—
(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
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
⚖️ Key Features
Consecutive and Concurrent Sentences: The court has the discretion to order that sentences for multiple offences run either concurrently (simultaneously) or consecutively (one after the other), depending on the gravity of the offences.
Limitations on Aggregate Punishment:
Maximum Imprisonment: Regardless of the number of offences, the total period of imprisonment shall not exceed twenty years.
Double Punishment Rule: The combined punishment for all offences should not exceed twice the maximum punishment that the court could impose for a single offence.
Appeal Consideration: When a convicted person appeals, the total of the consecutive sentences is treated as a single sentence for the purpose of the appeal.
🧭 Significance
Section 25 provides a structured approach for sentencing individuals convicted of multiple offences in a single trial. It ensures that while individuals are held accountable for each offence, the total punishment remains within reasonable and justifiable limits. This approach aims to balance the severity of the crimes committed with the principles of fairness and proportionality in sentencing.
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