A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A]

Even though Section 31 Cr.P.C is a small Section with 3 sub-sections, it has been eluding the comprehension of many in the Bench and the Bar, necessitating some elucidation so that its contours are better understood. I will first deal with Section 31 (1) and thereafter sub-sections (2) and (3) of the said Section. THE SCOPE OF SECTION 31 (1) Cr.P.C. Section 31 Cr.P.C reads as follows:- “31: Sentence in cases of conviction of several offences at one trial:- (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of Section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. (2) 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 fourteen years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) 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. This provision can be better explained by means of a concrete situation happening in a Court. PROBLEM The prosecution version in a case is as follows:- “Accused Nos: 1 to 5 (A1 to A5) formed an “unlawful assembly”, for committing “rioting” armed with deadly weapons like chopper, sword, iron rod, knives etc. In prosecution of the “common object” of the said unlawful assembly, A1 to A5 attacked one Rajesh and his friend Johnson at about 7 pm from a public road. Rajesh died as a result of sustaining fatal injuries at the hands of A1 to A5 who also inflicted injuries including “grievous hurt” on Johnson. The Police registered an FIR and conducted investigation after which A1 to A5 were charge sheeted for offences punishable under – S.143 IPC (for being members of an “unlawful assembly”) S.147 IPC (for committing rioting) S.148 IPC (for committing rioting armed with deadly weapons) S.326 IPC (for voluntarily causing grievous hurt with dangerous weapons) S.302 IPC (for committing murder of Rajesh) S.149 IPC (for committing the above offences as members of an unlawful assembly) The Sessions Judge who tried A1 to A5 for the aforesaid offences convicted them of those offences. Each of the accused was sentenced to “rigorous imprisonment” (R I) and “fine” as follows – S.143 IPC R I for 3 months + fine S.147 IPC R I for 1 year + fine S.148 IPC R I for 3 years + fine S.326 IPC R I for 7 years + fine S.302 IPC R I for life + fine S.149 IPC R I for 3 years + fine Judgment is silent as to whether the sentences of “imprisonment” should be suffered “concurrently” or “consecutively”. Let us now discuss a few questions. Q.1 What is the meaning of “concurrent sentence” and “consecutive sentence” ? Ans. “Concurrent sentence” means that the sentence of imprisonment awarded to the accused for more than one offence are to run concurrently i.e. simultaneously and not one after the other. “Consecutive sentence” means the sentence of imprisonment for fixed term awarded to the accused for more than one offence will have to be suffered “consecutively” i.e. one after the other. In other words, the sentence of imprisonment for fixed term imposed for one offence will commence only after the expiration of the sentence of imprisonment for fixed term imposed for another offence. “Consecutive sentence” is also called “cumulative sentence”. The rule under Section 31 (1) Cr.P.C. is that unless the Court directs that the sentences of imprisonment shall run “concurrently”, they shall always be consecutive. In other words, if the judgment is silent regarding the mode of undergoing the sentence of imprisonment, it shall always be consecutive, to be undergone one after the other. Q.2 In the present case was the sentence of imprisonment awarded to A1 to A5, “consecutive” or “concurrent” or “neither of them” ? Ans. It was “consecutive'. Since the judgment was silent in this regard it should be presumed that the ...

A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A]

Justice V Ramkumar

Tags