Showing posts with label Consecutively. Show all posts
Showing posts with label Consecutively. Show all posts

Monday, 19 July 2021

Whether the trial court is under obligation while awarding multiple sentences to specify whether they would run concurrently or consecutively?

 For what has been provided in Section 31(1) CrPC read with the

expositions of this Court, it follows that the Court of first instance is under legal obligation while awarding multiple sentences to specify in clear terms as to whether they would run concurrently or consecutively. In the case of Nagaraja Rao (supra), this Court expounded on this legal obligation upon the Court of first instance in the following terms:-

“11. The expressions “concurrently” and “consecutively”

mentioned in the Code are of immense significance while

awarding punishment to the accused once he is found guilty

of any offence punishable under IPC or/and of an offence

punishable under any other Special Act arising out of one trial

or more. It is for the reason that award of former enure to the

benefit of the accused whereas award of latter is detrimental

to the accused’s interest. It is therefore, legally obligatory

upon the court of first instance while awarding sentence to

specify in clear terms in the order of conviction as to whether

sentences awarded to the accused would run “concurrently”

or they would run “consecutively”.”

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 526 OF 2021


SUNIL KUMAR @ SUDHIR KUMAR  Vs THE STATE OF UTTAR PRADESH 

Dated: MAY 25, 2021

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