38.6c New Delhi, India, Monday, April 15, 2024
Judiciary

Sec 31 CrPC: It Is Mandatory For Magistrate To Specify Whether Sentences Awarded Would Run Concurrently Or Consecutively: SC

By LawStreet News Network      18 February, 2019 12:00 AM      0 Comments
Sec 31 CrPC: It Is Mandatory For Magistrate To Specify Whether Sentences Awarded Would Run Concurrently Or Consecutively: SC

The Supreme Court on February 14, 2019, in the case of Gagan Kumar v. State of Punjab has held that it is necessary for the Magistrate to ensure compliance of Section 31 of the Code of Criminal Procedure, 1973, and to specify as to whether the sentences awarded to the accused would run concurrently or consecutively when the accused is convicted for more than one offence in a trial.

A Bench comprising of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari was hearing an appeal filed against the final judgment passed by the Punjab and Haryana High Court wherein the court dismissed the revision petition filed by the appellant and affirmed the judgment passed by the Judicial Magistrate 1st Class, Jalandhar and thereafter by Additional Sessions Judge, Jalandhar.

The Magistrate convicted the appellant under Sections 279 and 304A of the Indian Penal Code, 1860.   For Section, the appellant was sentenced to rigorous imprisonment for six months and for Section 304A, the appellant was directed to undergo rigorous imprisonment for two years.

In the order, the Magistrate did not specify whether sentences awarded by her, would run consecutively or concurrently. The only issue raised by the learned counsel of the appellant is that the magistrate while passing the order of sentence erred in not mentioning the same.

Taking into consideration Section 31 of the Code, the court said that “it was necessary for the Magistrate to have ensured compliance of Section 31 of the Code when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Section 304­A IPC. In such a situation, it was necessary for the Magistrate to have specified in the order by taking recourse to Section 31 of the Code as to whether the punishment of sentence of imprisonment so awarded by her for each offence would run concurrently or consecutively.”

With this view, the court held that the Magistrate erred in not ensuring its compliance while inflicting the two punishments to the appellant.

Further, the court rapped the Additional Sessions Judge and the High Court for failing to notice the error committed by the Magistrate.

Finally, disposing of the appeal, the court said that “having regard to the facts and circumstances of the case and keeping in view the nature of controversy involved in the case, both the aforementioned sentences awarded by the Magistrate to the appellant would run "concurrently".

Read the judgment below.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
sc-notice-to-ed-declines-early-date-on-plea-by-delhi-cm-arvind-kejriwal-against-arrest
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM

TOP STORIES

location-sharing-of-accused-as-bail-condition-sc-directs-google-to-explain-how-its-pin-location-sharing-work
Trending Judiciary
Location sharing of accused as bail condition: SC directs Google to explain how its PIN location-sharing work

Supreme Court directs Google to explain its PIN location-sharing feature as bail condition for accused, raising privacy concerns. Details sought on technical aspects.

09 April, 2024 02:06 PM
cant-jail-everyone-for-making-allegations-against-cm-sc-tells-tamil-nadu-government
Trending Judiciary
'Can't jail everyone for making allegations against CM,' SC tells Tamil Nadu government

Supreme Court rebukes Tamil Nadu, saying not everyone making allegations against CM can be jailed; restores bail for YouTuber Sattai.

09 April, 2024 02:07 PM
hc-dismisses-kejriwals-plea-challenging-arrest-by-ed-in-liquor-policy-case
Trending Judiciary
HC dismisses Kejriwal's plea challenging arrest by ED in liquor policy case

Delhi High Court dismisses Arvind Kejriwal's plea challenging his arrest by ED in liquor policy case, ruling it legal. Kejriwal remains in Tihar jail pending Supreme Court relief.

09 April, 2024 05:22 PM
sc-allows-man-to-undergo-potency-test-as-wife-claims-marriage-not-consummated-more-than-7-years-of-alliance
Trending Judiciary
SC allows man to undergo potency test as wife claims marriage not consummated more than 7 years of alliance [Read Judgment]

Supreme Court permits potency test for husband in divorce case where wife alleges marriage unconsummated after 7+ years.

09 April, 2024 05:38 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email