Concurrent and consecutive sentences; appeals, revision and reference

1. Several offences at one trial: section 25 (old s.31)

• When a person is convicted at one trial of two or more offences, the court may sentence him to the several punishments it is competent to inflict, subject to BNS s.9 (limit of punishment for an offence made up of several offences), and shall, considering the gravity of offences, order such punishments to run concurrently or consecutively (s.25(1)).
• Where sentences are consecutive, the court need not send the case to a higher court merely because the aggregate exceeds what it could impose for one offence (s.25(2)), provided that the aggregate does not exceed twenty years and does not exceed twice the punishment it can impose for a single offence.
• For appeal, the aggregate of consecutive sentences is deemed a single sentence (s.25(3)).

The wording changed. Section 31 CrPC made sentences consecutive unless the court directed them to run concurrently; s.25(1) BNSS requires the court to decide one way or the other, by reference to the gravity of the offences. The CrPC cases on discretion still guide the choice: in O.M. Cherian v. State of Kerala, 2014 INSC 768, (2015) 2 SCC 501, the Court held that the power to order concurrent sentences is discretionary and depends on the nature of the offences and the facts. In Muthuramalingam v. State, 2016 INSC 1118, (2016) 8 SCC 313, a Constitution Bench held that several sentences of life imprisonment cannot be made to run consecutively, though a term sentence may be ordered to run before a life sentence.

Subsequent conviction (s.467, old s.427): a person already undergoing imprisonment who is sentenced on a later conviction serves the later sentence after the earlier one, unless the court directs that it run concurrently; a person undergoing life imprisonment serves a later sentence concurrently.

2. Problem on consecutive sentences

Arjun has been convicted of three offences, the first punishable with three years' imprisonment, the second with two years and the third with five years. Can he be sentenced consecutively? (January 2026.)

Issue. Whether, on conviction at one trial of three offences, the court may order the sentences to run one after another, and within what limits.

Law. Section 25(1) BNSS allows the court to award the several punishments within its competence and directs it to order them to run concurrently or consecutively considering the gravity of the offences. Under s.25(2) the aggregate must not exceed twenty years or twice the court's power for one offence. Section 23 limits a first class Magistrate to three years and a CJM to seven.

Application. The total is ten years. A first class Magistrate could not impose five years for the third offence at all, so the case must be before a CJM or a Court of Session. A CJM's single-offence power is seven years; twice that is fourteen, so an aggregate of ten is within s.25(2). A Sessions Judge has no such limit. Whether the sentences should run consecutively depends on the gravity of the offences and whether they arise from one transaction: separate, serious offences point to consecutive sentences, while offences arising out of a single act or transaction (and BNS s.9) point to concurrent ones.

Conclusion. Yes. If tried by a CJM or Court of Session, Arjun may be ordered to undergo the sentences consecutively (ten years in all), since that is within both limits in s.25(2); the court must record that it considered the gravity of the offences. For appeal, the ten years count as one sentence.

3. Appeals (Chapter XXXI, ss.413–435; old ss.372–394)

• No appeal except as provided (s.413). The proviso gives the victim a right of appeal against acquittal, conviction for a lesser offence, or inadequate compensation, to the court that hears appeals from convictions. In Mallikarjun Kodagali v. State of Karnataka, 2018 INSC 969, (2019) 2 SCC 752, the Court held that the victim does not need leave to appeal under this proviso.
• Security orders (s.414): appeal to the Court of Session.
• From convictions (s.415): from the High Court's extraordinary original jurisdiction, to the Supreme Court; from a Sessions Judge, Additional Sessions Judge, or any court sentencing to more than seven years, to the High Court; from Magistrates, to the Court of Session. Appeals in rape cases to be disposed of within six months (s.415(4)).
• Plea of guilty (s.416): no appeal where the accused pleaded guilty and was convicted on that plea, except, in the case of a Court of Session or Magistrate, as to the extent or legality of the sentence.
• Petty cases (s.417): no appeal where the High Court passes only imprisonment up to three months or fine up to one thousand rupees; the Court of Session, imprisonment up to three months or fine up to two hundred rupees; a first class Magistrate, fine up to one hundred rupees; or a summary-trial fine up to two hundred rupees, unless combined with another punishment.
• State appeal against inadequate sentence (s.418): the accused must be given a chance to show cause and may then plead for acquittal or reduction.
• Appeal against acquittal (s.419): by the District Magistrate to the Court of Session (acquittal by a Magistrate in a cognizable non-bailable offence); by the State to the High Court with leave; by the complainant with special leave of the High Court, sought within six months (public servant) or sixty days (others). In Chandrappa v. State of Karnataka, 2007 INSC 142, (2007) 4 SCC 415, the Court held that the appellate court has full power to review the evidence but must bear in mind the double presumption of innocence after acquittal, and should not disturb the acquittal merely because another view is possible.
• Procedure (ss.423–426): petition of appeal with a copy of the judgment; jail appeals; summary dismissal only after hearing the appellant and for recorded reasons; notice to the parties.
• Powers of the appellate court (s.427, old s.386): dismiss; in an appeal from acquittal, reverse and order retrial or convict; in an appeal from conviction, acquit, discharge, order retrial, alter the finding, or reduce the sentence but not enhance it; in an appeal for enhancement, enhance or reduce; and make consequential orders. No enhancement without a chance to show cause, and no punishment greater than the trial court could have imposed.
• Suspension of sentence and bail pending appeal (s.430); additional evidence (s.432); difference of opinion (s.433); finality (s.434); abatement on the accused's death, except an appeal against a sentence of death or imprisonment that a near relative obtains leave to continue, applying within thirty days (s.435).

4. Problem on plea of guilty

A Magistrate of the first class convicts X on his plea of guilty. X wants to appeal against the conviction. (February 2025; the same in August 2024.)

Law and application. Section 416(ii) BNSS bars an appeal where an accused has pleaded guilty and been convicted on that plea by a Magistrate, except as to the extent or legality of the sentence. X therefore cannot challenge the conviction itself by appeal. He can appeal to the Court of Session if the sentence is excessive or illegal. If the plea was not his own, was equivocal, or did not admit all the ingredients of the offence, it was not a true plea of guilty, the bar in s.416 does not apply, and the conviction can be challenged; he may also seek revision under s.438.

Conclusion. No appeal on the conviction; an appeal lies only on the sentence, unless the plea itself was defective.

5. Revision (Chapter XXXII, ss.438–445; old ss.397–405)

• Power (s.438(1)): the High Court or any Sessions Judge may call for the record of any inferior criminal court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order and the regularity of proceedings, and may suspend the sentence or release the accused meanwhile.
• Interlocutory orders (s.438(2)): no revision. In Amar Nath v. State of Haryana, 1977 INSC 155, (1977) 4 SCC 137, the Court held that orders of a purely interim nature are interlocutory but orders that decide matters of moment are not. Madhu Limaye v. State of Maharashtra, 1977 INSC 206, (1977) 4 SCC 551, added that an intermediate order which, if decided one way, would end the proceeding is not purely interlocutory and is revisable.
• One bite (s.438(3)): an application to either the High Court or the Sessions Judge bars a second one to the other by the same person.
• Sessions Judge's powers (s.440) and Additional Sessions Judge (s.441).
• High Court's powers (s.442): any power of an appellate court, but no order to the prejudice of the accused without hearing him; cannot convert an acquittal into a conviction; no revision at the instance of a party who could have appealed and did not; a revision filed under the mistaken belief that no appeal lay may be treated as an appeal.
• No party has a right to be heard, except as provided (s.444).

6. Appeal and revision compared

• Source: appeal is a statutory right of the party; revision is the court's discretion and may be exercised on its own motion.
• Scope: appeal reopens facts and law; revision corrects errors of jurisdiction, law or gross impropriety, and ordinarily does not reappreciate evidence.
• Forum: appeal lies to the court the statute names; revision lies to the High Court or Sessions Judge over inferior courts.
• Acquittal: an appellate court can convict; a revisional court cannot (s.442(3)) and can only order retrial.
• Interlocutory orders: not revisable (s.438(2)); appeals lie only from final orders listed in the Sanhita.
• Overlap: where an appeal lies and is not brought, revision is barred to that party (s.442(4)).

7. Reference (ss.436–437; old ss.395–396)

Where a court is satisfied that a pending case involves a question as to the validity of an Act, Ordinance or Regulation, necessary for disposal of the case, and thinks it invalid but it has not been so declared by its High Court or the Supreme Court, it shall state a case and refer it to the High Court (s.436(1)). A Court of Session may refer any question of law arising in a case before it (s.436(2)). Pending the decision, the accused may be committed to jail or bailed (s.436(3)). The High Court decides and sends its order back; the lower court disposes of the case in conformity (s.437). Separately, a death sentence passed by a Court of Session must be submitted to the High Court for confirmation (s.407).

How this is examined

For “powers of the appellate court and procedure for hearing appeals”, follow ss.423 to 427, with s.427 set out clause by clause and Chandrappa on acquittals. For “revision and reference”, use ss.438, 442 and 436 with Amar Nath and Madhu Limaye. The differences between appeal and revision make a tidy short note using the list in section 6. Problems on plea of guilty and consecutive sentences are answered as above.