Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 470: Saving
(1) Nothing in section 467 or section 468 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.
(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.
Brief Detail
Section 470 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies that the provisions in sections 467 and 468 do not exempt any person from serving the full punishment due to previous or subsequent convictions. Additionally, if a person has an award of imprisonment for defaulting on a fine linked to a substantive sentence, this additional punishment will only take effect after the individual has completed any subsequent sentences.
Question & Answers
Q1: Does section 470 provide any exemptions from punishment due to previous convictions?
A1: No, section 470 states that nothing in sections 467 or 468 excuses a person from any part of their punishment for former or subsequent convictions.
Q2: When does the award of imprisonment for defaulting on a fine take effect?
A2: The award of imprisonment for defaulting on a fine will not take effect until the individual has completed any further substantive sentences they are serving.
Q3: What happens if a person has multiple sentences, including one for defaulting on a fine?
A3: If a person has an award of imprisonment in default of payment of a fine linked to a substantive sentence, that award will only be enforced after the individual has served any further sentences.
Example
- Consecutive Sentences: An individual serving a two-year sentence is also sentenced to one year for defaulting on a fine. The one-year sentence for the fine will not start until the two-year sentence is completed.
- Multiple Convictions: A person is sentenced to three years for theft and later receives an additional sentence for not paying a fine related to a previous offence. The fine-related sentence will only be applied after the completion of the three-year sentence.
- No Exemptions: An accused who has already served time for one conviction cannot claim exemption from punishment on a new conviction under sections 467 or 468; they must serve the full sentence as prescribed.
Summary
Section 470 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizes that previous or subsequent convictions do not reduce an individual's overall punishment. It also establishes that any imprisonment due to fine defaults will only take effect after any further substantive sentences have been served.
