Section 25 of BNSS : Sentencing for Multiple Offences in a Single Trial

Introduction of Section 25 of BNSS

Section 25 of BNSS : Sentencing for Multiple Offences in a Single Trial In many criminal cases, a person may commit more than one crime at the same time or during the same incident. For example, someone might commit theft and also hurt a person while doing it. When such cases are tried in court, the judge must decide how to give punishment for all the offences together. BNSS Section 25 provides a legal structure to handle these situations. It helps the court to deliver justice without being too harsh or too lenient. The judge can give punishments for each offence separately, but also has the responsibility to ensure the total punishment is not excessive. This section is important to maintain balance in sentencing, especially when someone is guilty of several crimes tried in one trial.

What is BNSS Section 25 ?

BNSS Section 25 deals with the punishment given when a person is found guilty of two or more offences in the same trial. It allows the Court to either make the punishments run together (concurrently) or one after the other (consecutively) depending on the seriousness of the crimes. It also puts limits on how long a person can be imprisoned in total.

BNSS Section of 25 in Simple Points

1. Court Can Give Punishment for Each Offence

When a person is found guilty of committing more than one offence in a single trial, the court has the power to give punishment for each offence separately. This means, even if all the offences happened together, the court can treat them as individual crimes. For example, if someone commits robbery and also causes serious hurt in the same incident, both acts are punishable. The judge will give two different punishments based on the seriousness of each offence. This is important because each offence must be treated fairly. The court’s authority to do this is clearly stated under Section 25. It ensures that justice is given for all crimes committed. The law does not ignore any wrongdoing in a combined case.

2: Punishment Can Be Concurrent or Consecutive

Under BNSS Section 25, the judge can order the sentences to be either concurrent or consecutive. If sentences are concurrent, the accused will serve all punishments at the same time, and the longest term applies. But if they are consecutive, one sentence will begin only after the previous one ends, increasing total jail time. The decision depends on the gravity of the offences. For minor offences, the court may choose concurrent sentences. But for serious crimes, like murder and kidnapping, consecutive sentences may be given. This gives flexibility to the court. The judge uses his discretion based on justice, fairness, and the facts of the case.

3. Total Sentence Cannot Exceed 20 Years

Even if a person is convicted for many crimes in one trial, the maximum total imprisonment cannot go beyond 20 years. This is a legal safeguard to ensure fair punishment and avoid excessive sentencing. For example, if someone is convicted for 5 different offences, and the combined punishment adds up to 30 years, the judge can only give up to 20 years. This rule protects human rights and ensures the punishment is within reasonable limits. It also maintains the balance of power in the judicial system. No court can misuse this power to over-punish. Section 25 clearly mentions this limit to keep justice fair.

4. Aggregate Sentence Cannot Be More Than Double of Single Offence Sentence

There’s another limit under Section 25 – the total punishment given must not be more than twice the punishment the court can give for a single offence. This means, if a Magistrate can give a maximum of 3 years for one offence, the total punishment for multiple offences cannot exceed 6 years. This restriction is especially important for lower courts, which have limited sentencing power. It prevents them from giving excessive punishment when handling several offences in one case. It also encourages consistency in sentencing. This rule ensures that all sentences remain within the court’s permitted boundaries.

5. All Sentences Are Treated As One for Appeal Purposes

When a person is given multiple sentences in one trial, and they are consecutive, the total of those sentences is treated as a single sentence when the person files an appeal. This makes the appeal process simpler and smoother for the accused. For example, if a person receives three consecutive sentences of 3 years each, totaling 9 years, the appeal will be treated as against one 9-year sentence. This rule helps both the accused and the higher court to manage the appeal fairly. It saves time, avoids confusion, and ensures justice is not delayed. Section 25 simplifies the legal process for multiple convictions.

Section 25 of BNSS Overview

BNSS Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains what a court should do when a person is found guilty of more than one offence in a single trial. This section gives the court the power to give separate punishments for each offence. Depending on the seriousness of the offences, the judge can decide whether the punishments should run at the same time (concurrently) or one after the other (consecutively). However, the law also puts a limit: the total punishment given under this section should not be more than twenty years in jail. Also, the total punishment cannot be more than twice the maximum punishment allowed for a single offence. This section ensures that people are punished fairly even if they are convicted for multiple crimes at once.

BNSS 25 :10 Key Points

1. Section 25 Applies When a Person Is Convicted of Multiple Offences in One Trial

This section comes into action when a person is found guilty of two or more crimes during the same court case. It means the court hears all the charges in one trial, not in separate cases. For example, if a person is accused of housebreaking and also attacking someone during the same incident, the court can try both offences together. If the person is found guilty for both, Section 25 allows the judge to pass appropriate punishments for both crimes in one go.

2. Court Can Give Separate Punishments for Each Offence

Each offence has its own legal punishment, and the judge is allowed to give punishment for each one separately. The law doesn’t say the person should be punished only once if he has committed many offences. So, if a person commits theft and then commits fraud during the same incident, the judge can give two different punishments—one for theft and one for fraud. This ensures that the seriousness of each offence is acknowledged by the court.

3. Court Can Decide Whether Sentences Will Run Concurrently or Consecutively

The judge has the power to decide how the punishments will be served—at the same time or one after another. This is based on how serious and connected the offences are. If the crimes are similar or happen in the same event, the judge may order the punishments to run concurrently. But if the offences are different and committed at different times or with more severity, the judge can order consecutive sentences, making the total jail time longer.

4. Concurrent Sentences Lead to Lesser Jail Time

When punishments run concurrently, the person will serve only the longest of the given sentences. For example, if someone is sentenced to 2 years for one offence and 3 years for another, and the judge orders concurrent sentencing, the person will only serve 3 years in total, not 5. This is usually used when the crimes are closely related or when the offender shows some possibility of reformation. It also helps reduce overcrowding in jails.

5. Consecutive Sentences Lead to Longer Jail Time

When punishments are ordered to run consecutively, the person has to complete one sentence and then start the next one. This can lead to a longer total time in jail. For example, if a person gets 2 years for one offence and 3 years for another, and the sentences are consecutive, the person will serve a total of 5 years. Judges usually choose this when the crimes are serious, separate, or repeated over time.

6. Maximum Limit of 20 Years of Imprisonment Under This Section

Even if a person is convicted of many offences, the total jail time cannot exceed 20 years. This is a protective rule in the law to stop courts from giving unreasonably high jail time. For example, if a person is convicted of five crimes, each with a 6-year sentence, that adds up to 30 years. But under this section, the person can only be sentenced to a maximum of 20 years in total.

7. Aggregate Sentence Cannot Be More Than Twice the Maximum for One Offence

Let’s say the Court can give a maximum of 5 years for a particular offence. If the person is convicted of multiple offences, the total punishment should not be more than 10 years—which is double the maximum for a single offence. This keeps the sentencing power of the judge in check and avoids over-punishment. It ensures the court doesn’t misuse its authority while giving justice.

8. No Need to Send Case to Higher Court If Total Sentence is More

If the total punishment exceeds the limit of a single offence, the court does not need to transfer the case to a higher court. For example, even if a Magistrate is normally allowed to give only 3 years for one offence, he can still give 6 years total for two offences without sending the case to the Sessions Court. This helps in quicker delivery of justice and avoids unnecessary delays.

9. Consecutive Sentences Are Treated as One for Appeal

When a person is punished with multiple consecutive sentences, they are treated as a single combined sentence during appeal. This means if the person wants to challenge the punishment in a higher court, he doesn’t need to file separate appeals for each punishment. He can challenge the total sentence in one go. This rule simplifies the appeal process and saves time and money for both the convict and the court.

10. Ensures Balanced Justice Without Overpunishing

This section gives the judge full freedom to punish a person for each of his offences, but at the same time puts a limit to protect the person from extremely long jail terms. It ensures that justice is served properly and that every offence is acknowledged. But it also ensures that the punishment is not excessive, unfair, or beyond legal limits. It helps maintain a balance between justice and human rights.

Examples of BNSS Section 25

Example 1 :

Let’s say that Ramesh was caught breaking into a house and stealing valuable items. During the break-in, he also assaulted the security guard. In this case, Ramesh is charged with two crimes: housebreaking and causing hurt. Both charges are tried in a single trial. The judge decides to give him 4 years of jail for housebreaking and 2 years for assault. Since both offences are serious, the judge orders that the punishments should be served one after the other, not at the same time. So, Ramesh will have to spend a total of 6 years in jail. This is an example of consecutive sentencing under BNSS Section 25.

Example 2 :

Now take the case of Meena, who was found guilty of cheating people through fake online transactions and also using forged documents to do so. The court found her guilty of two separate offences: cheating and forgery. Both offences were tried together in one case. The judge gave Meena 3 years for cheating and 2 years for forgery. But considering that both crimes happened as part of the same incident and were not extremely violent, the judge ordered that the punishments should run concurrently, meaning at the same time. So, Meena will only serve 3 years in total, not 5. This is an example of concurrent sentencing under this section.

Section 25 of BNSS Short Information

BNSS Section 25 FAQs

BNSS 25

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