Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 31 CrPC Sentences to run concurrently or consecutively Duty of Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing: Sentences to run concurrently or consecutively – Duty of Court of first instance to specify – Held: It is legally obligatory upon the court of first instance while awarding multiple punishments of imprisonment to specify in clear terms as to whether the sentences would run concurrently or consecutively – If the Court of first instance does not specify the concurrent running of sentences, the inference, primarily, is that the Court intended such sentences to run consecutively, though, the Court of first instance ought not to leave this matter for deduction at the later stage – Moreover, if the Court of first instance is intending consecutive running of sentences, there is yet another obligation on it to state the order (i.e., the sequence) in which they are to be executed. Code of Criminal Procedure, 1973: s.31(1) – Held: s.31(1) vests complete discretion with the Court to order the sentences for two or more offences at one trial to run concurrently having regard to the nature of offences and the surrounding factors – There cannot be any straitjacket approach in the matter of exercise of such discretion by the Court; but this discretion has to be judiciously exercised with reference to the nature of the offence/s committed and the facts and circumstances of the case – However, if the sentences (other than life imprisonment) are not provided to run concurrently, one would run after the other, in such order as the Court may direct. Code of Criminal Procedure, 1973: s.220 – The ‘single transaction’ principle is essentially referable to s.220 which provides that if more offences than one are committed in one series of acts so connected together as to form the same transaction, then the accused may be charged with and tried at one trial for every such offence – In a given case, after such trial for multiple offences, if the accused is convicted and awarded different punishments, concurrent running thereof may be provided depending on the facts and the relevant surrounding factors. |
Judge | Hon'ble Mr. Justice Aniruddha Bose Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2021 INSC 298 |
Petitioner | Sunil Kumar @ Sudhir Kumar & Anr. |
Respondent | The State Of Uttar Pradesh |
SCR | [2021] 6 S.C.R. 630 |
Judgement Date | 2021-05-25 |
Case Number | 526 |
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