Section 466 BNSS: Sentence on Escaped Convict - When the New Sentence Takes Effect
Section 466 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the rule for deciding when a new sentence imposed on an escaped convict begins to operate. It distinguishes between death, life imprisonment, fine, and imprisonment for a fixed term, and it also explains when one kind of imprisonment is treated as more severe than another.
In force: The BNSS came into force on 1 July 2024, subject to the statutory commencement notification. Section 466 corresponds to Section 426 of the Code of Criminal Procedure, 1973 (CrPC).
Text of Section 466 BNSS
466. Sentence on escaped convict when to take effect.
(1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.
(2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict, -
(a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence.
(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
Meaning of Section 466 BNSS
The provision deals with a person who was already undergoing a sentence, escaped from custody, and is later sentenced again. Its purpose is to determine the starting point of the later sentence.
| New sentence | When it takes effect |
|---|---|
| Death sentence | Immediately, subject to the preceding provisions governing execution of sentences. |
| Imprisonment for life | Immediately, subject to the preceding provisions of the Sanhita. |
| Fine | Immediately. |
| Term imprisonment that is severer in kind | The new sentence takes effect immediately. |
| Term imprisonment that is not severer in kind | The new sentence begins after the convict undergoes a further period equal to the unexpired portion of the earlier sentence as it stood on the date of escape. |
Section 466(1): Death, Life Imprisonment or Fine
Sub-section (1) provides a direct rule. If an escaped convict is sentenced to death, imprisonment for life, or fine under the BNSS, the new sentence takes effect immediately, subject to the provisions appearing earlier in the Sanhita concerning execution of sentences.
Section 466(2): Imprisonment for a Fixed Term
Where the later sentence is imprisonment for a fixed term, Section 466(2) requires a comparison between the new sentence and the sentence the convict was undergoing at the time of escape.
Where the new sentence is severer in kind
If the new term sentence is more severe in kind than the earlier sentence, it begins immediately.
Where the new sentence is not severer in kind
If the new sentence is not more severe in kind, it does not begin immediately. The convict must first undergo imprisonment for a period equal to the part of the earlier sentence that remained unexpired when the escape occurred. The later sentence then takes effect.
What Does "Severer in Kind" Mean?
Section 466(3) provides an express statutory rule: rigorous imprisonment is treated as severer in kind than simple imprisonment for the purpose of sub-section (2). This removes doubt when the court must compare those two forms of term imprisonment.
Example: A convict escapes while serving simple imprisonment and later receives rigorous imprisonment for a term. Because rigorous imprisonment is deemed severer in kind than simple imprisonment, the later sentence takes effect immediately under Section 466(2)(a).
Corresponding Provision under the CrPC
Section 466 BNSS corresponds to Section 426 of the Code of Criminal Procedure, 1973. The core rule concerning an escaped convict and the commencement of a later sentence has been carried forward into the BNSS.
The CrPC was repealed by Section 531 BNSS, but Section 531 contains savings for specified proceedings that were already pending immediately before the BNSS came into force. Accordingly, the applicable procedural law may depend on when the relevant proceeding was instituted and whether it is protected by the savings provision.
Related BNSS Provisions
- Section 464 BNSS - Suspension of execution of sentence of imprisonment
- Section 465 BNSS - Who may issue warrant
- Section 467 BNSS - Sentence on offender already sentenced for another offence
- Section 468 BNSS - Set-off of detention against sentence of imprisonment
- Section 469 BNSS - Saving
- Section 470 BNSS - Return of warrant on execution of sentence
Key Points
- Section 466 applies specifically to sentencing of an escaped convict.
- Death, life imprisonment and fine ordinarily take effect immediately under sub-section (1).
- A fixed-term sentence requires comparison with the sentence being served when the convict escaped.
- A severer kind of term imprisonment takes effect immediately.
- Rigorous imprisonment is statutorily treated as severer in kind than simple imprisonment.
- The corresponding CrPC provision is Section 426.
Frequently Asked Questions
What is Section 466 of the BNSS?
Section 466 BNSS determines when a sentence imposed on an escaped convict takes effect.
Does a new sentence always begin immediately?
No. Death, life imprisonment and fine take effect immediately under sub-section (1), while a fixed-term sentence may begin immediately or after the unexpired portion of the former sentence, depending on whether the later sentence is severer in kind.
Is rigorous imprisonment more severe than simple imprisonment?
Yes. Section 466(3) expressly states that rigorous imprisonment is deemed severer in kind than simple imprisonment for the purpose of sub-section (2).
Which CrPC section corresponds to Section 466 BNSS?
Section 426 of the Code of Criminal Procedure, 1973 is the corresponding provision.
Last reviewed: 12 September 2026. This page is intended for general legal information and should be read with the current statutory text and applicable judicial decisions.