The Hindu : National : Consecutive sentences cannot exceed 14 years

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Wednesday, Nov 29, 2006
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Consecutive sentences cannot exceed 14 years

Legal Correspondent

20-year term against Section 31 Cr. PC: Supreme Court

New Delhi: The total period of sentence awarded for various criminal offences committed by an accused cannot exceed 14 years, the Supreme Court has held.

Interpreting Section 31 of the Cr.PC, which provides for consecutive punishments, a Bench consisting of Justices S. B. Sinha and Markandey Katju said, "In no case shall the aggregate of consecutive sentences exceed 14 years."

The trial court sentenced Chatar Singh, charged with kidnapping for ransom, abduction and wrongful confinement, to two terms of 10-year imprisonment to run consecutively. On appeal, the Madhya Pradesh High Court confirmed the entence.

Allowing Chatar Singh's appeal against this judgment and directing his release forthwith, the Bench said the trial court as also the High Court had committed an error and serious illegality in sentencing him to undergo 20-year imprisonment contrary to what was contemplated under Section 31 of the Cr.PC. "We appreciate the anxiety on the part of the sessions judge as also the judge of the High Court not to deal with such a matter leniently, but, unfortunately, it appears that the attention of the judges was not drawn to Section 31 of the Cr.PC."

Considering that the appellant was in custody for over 12 years, the ends of justice would be sub-served if he was sentenced for the period he had already undergone.

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