Sentence on escaped convict when to take effect
Section 426 of the Code of Criminal Procedure, 1973 deals with sentence on escaped convict when to take effect. When a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) When a sentence of death, imprisonment for life or fine is passed under this Code 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 Code 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.
Section 426, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 466 Sentence on escaped convict when to take effect Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The State of Andhra Pradesh vs Vijayanagaram Chinna Reddappa
Court's Decision & Legal Precedent
When a life convict is subsequently convicted for another offense and sentenced to imprisonment for a term, the new sentence runs concurrently with the life sentence under Section 427(2) Cr.P.C., not consecutively under Section 426(2)(b) Cr.P.C., because a life sentence has no 'unexpired' portion in the technical sense contemplated by Section 426(2)(b). Therefore, the application of Section 427(2) Cr.P.C. is the correct approach for determining sentence computation in such cases.
On this section: Sentence on escaped convict when to take effect - applies to death, life, or fine sentences; takes effect immediately
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Shereef vs Thankayathil Saidalavi
Court's Decision & Legal Precedent
At the stage of cognizance of a private complaint, the High Court will not invoke its inherent jurisdiction under Section 482 Cr.P.C. to quash proceedings merely because the police investigation exonerated the accused, when the FIR contains specific allegations against the accused and the fact of injury to the complainant is not seriously disputed. The determination of whether allegations are false and vexatious cannot be made at the stage of cognizance; such determination must be made during the enquiry and trial stage. The accused must be allowed to participate in the enquiry and claim relief of discharge or acquittal at the appropriate stage.
On this section: Petition to High Court for quashing of proceedings - the procedural mechanism used by petitioners
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 426
What have the courts held on Section 426 of the Code of Criminal Procedure?
The State of Andhra Pradesh vs Vijayanagaram Chinna Reddappa (28 Apr 2023) is the leading judgment on this section among those set out below: Sentence on escaped convict when to take effect - applies to death, life, or fine sentences; takes effect immediately. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2006 to 2023.
How do I find court cases under Section 426 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 426, section 426 CRPC, section 426 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with The State of Andhra Pradesh vs Vijayanagaram Chinna Reddappa (28 Apr 2023).
What should I read with Section 426 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 466 (Sentence on escaped convict when to take effect), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 426 of the Code of Criminal Procedure come into force?
Section 426 of the Code of Criminal Procedure, cited as CRPC 426, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.