Subsequent sentences for a life convict automatically run concurrently under Section 427(2) of the Cr.P.C., without the need for a court declaration.

ORDER :

1. A person already undergoing a sentence of imprisonment for life, if subsequently sentenced to imprisonment for a term, would the subsequent sentence run concurrently or consecutively, in the absence of a specific direction in the judgment? The aforesaid question arises for resolution in this petition under section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’).

2. Petitioner is a life convict and has been in prison for the last 13 years. In the meantime, he was convicted in two other cases, both for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and was sentenced to imprisonment for a term. In one of the subsequent two cases, he was convicted for a prison offence as well. However, in the subsequent two judgments, there was no direction that the sentences would run concurrently with the earlier life sentence. Due to the absence of such a direction, petitioner is being denied the grant of ordinary leave from the prison, as the subsequent sentences are for the offences under the NDPS Act. If the sentences had run concurrently, petitioner would have been eligible for being considered for the grant of ordinary leave, while, if it runs consecutively until the sentence for the NDPS offence is undergone, he will not be so eligible. The question raised in the prefatory paragraph arises in the above circumstances.

3. Considering the importance of the question involved, this Court appointed Adv. Mitha Sudhindran as Amicus Curiae to assist the court.

4. I have heard Sri. K. Rakesh, the learned counsel for the petitioner and Smt. Sreeja V. the learned Public Prosecutor. Adv. Mitha Sudhindran, the learned Amicus Curiae, also addressed the court.

5. While petitioner was undergoing sentence of imprisonment for life, he was convicted on 17.09.2014 for an offence under Section 20(b)(ii)A of the NDPS Act for seven days and again on 09.01.2020 for the offence under Section 27(b) of the NDPS Act, apart from Section 86(1) of the Kerala Prisons and Correctional Services (Management) Act, 2010 (for short ‘the Prisons Act’) and was sentenced to undergo imprisonment for six months. Until 2023, petitioner was being granted the benefit of ordinary leave. However, by virtue of the amendment to Rule 7 of the Kerala Prisons and Correctional Services (Management) Rules, 2014, the prison authorities started denying ordinary leave to the petitioner due to his conviction under the NDPS Act. Ordinary leave is denied stating that the sentence of imprisonment for the subsequent two convictions under the NDPS Act was not ordered to run concurrently and since those sentences have not expired he is ineligible for ordinary leave.

6. Section 427 Cr.P.C. deals with the situations when the sentences are to run consecutively or concurrently. Section 427 Cr.P.C. reads as below:

“427. Sentence on offender already sentenced for another offence.

(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:

Provided that where a person who has been sentenced to imprisonment by an order under Section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.”

7. As per Section 427(1) Cr.P.C. sentences imposed upon an accused, if not specifically directed, would run consecutively. However, section 427(2) makes a departure and