Legal provisions regarding Sentence in cases of conviction of several offences at one trial section 31 of the Code of Criminal Procedure, 1973.
Section 31 of the Code of Criminal Procedure provides that:
(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, 1860, sentence him for such offences, to the several punishments prescribed therefore 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.
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ADVERTISEMENTS:
(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.
However, in no case shall such person be sentenced to imprisonment for a longer period than fourteen years and 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.
ADVERTISEMENTS:
Section 31 does not empower passing of an aggregate sentence instead of separate sentences upon an accused person convicted at one trial of two or more offences.
The accused was convicted for several offences and sentence of 20 years rigorous imprisonment was imposed. It was held that accused could not be sentenced to imprisonment longer than 14 years and as such sentence of 20 years imposed on the accused was held liable to be set aside.
