Sections 29–31 CrPC vs Sections 23–25 BNSS — Sentencing Powers of Magistrates and Sentences for Several Offences at One Trial

In India, Sections 23 and 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 29 and 31 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. Magistrates' fine limits rise to ₹50,000 and ₹10,000, community service is added, and courts must now order several sentences to run concurrently or consecutively.

At a glance

The neighbouring provisions move too: Section 28 CrPC (High Courts and Sessions Judges) becomes Section 22 BNSS, which has no counterpart to Section 28(3) on Assistant Sessions Judges; Section 30 CrPC (imprisonment in default of fine) becomes Section 24 BNSS, with its cross-references changed from Section 29 to Section 23.

What changed

Section 23 BNSS (CrPC 29)

• Identical — 23(1): the Chief Judicial Magistrate's power — "any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years" — carries the same words.
• Modified — 23(2): "fine not exceeding ten thousand rupees, or of both" becomes "fine not exceeding fifty thousand rupees, or of both, or of community service". The CrPC figure was itself substituted for "five thousand rupees" by Act 25 of 2005 with effect from 23 June 2006 (footnote to Section 29(2)).
• Modified — 23(3): "fine not exceeding five thousand rupees, or of both" becomes "fine not exceeding ten thousand rupees, or of both, or of community service". The CrPC figure had replaced "one thousand rupees" under the same 2005 amendment.
• New — Explanation to 23: "'Community service' shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration."
• Omitted — 29(4): the rule that a Chief Metropolitan Magistrate has the powers of a Chief Judicial Magistrate and a Metropolitan Magistrate those of a Magistrate of the first class has no counterpart. Section 6 BNSS lists the classes of Criminal Courts as Courts of Session, Judicial Magistrates of the first and second class, and Executive Magistrates, with no Metropolitan Magistrates.

Section 25 BNSS (CrPC 31)

• Minor edit — cross-reference in 25(1): "subject to the provisions of section 71 of the Indian Penal Code (45 of 1860)" becomes "subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023". Section 9 BNS repeats the rule in Section 71 IPC limiting punishment for an offence made up of several offences.
• Modified — operative rule in 25(1): the CrPC words "such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently" are replaced by "the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively".
• Modified — proviso (a) to 25(2): "in no case shall such person be sentenced to imprisonment for a longer period than fourteen years" becomes "twenty years". Proviso (b) — the aggregate "shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence" — is identical.
• Identical — 25(3): for appeal, the aggregate of consecutive sentences is deemed a single sentence.

Statutory text (relevant extract)

Extract, Section 31(1) CrPC (repealed from 1 July 2024):

… sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

Extract, Section 25(1) BNSS:

When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.

Extract, Section 23(2) BNSS:

The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.

How it works

1. The Magistrate's ceiling (Section 23). The offence section sets the punishment; Section 23 sets the most a given Magistrate may pass. A Chief Judicial Magistrate stops at seven years' imprisonment; a Magistrate of the first class at three years and ₹50,000; a Magistrate of the second class at one year and ₹10,000. Where Section 8(1) BNS leaves a fine unlimited ("where no sum is expressed"), the Magistrate's ceiling in Section 23 still applies to what that Magistrate may impose, on a reading of the two provisions together.

2. Community service. Section 4(f) BNS lists "Community Service" among the punishments. A whitespace-normalised search of the Gazette text finds it provided for in Sections 202 (public servant unlawfully engaging in trade), 209 (non-appearance in response to a proclamation), 226 (attempt to commit suicide to compel or restrain exercise of lawful power), 303(2) proviso (first-time theft of property worth less than ₹5,000, on return or restoration), 355 (misconduct in public by a drunken person) and 356(2) (defamation). Section 8(4) BNS provides for imprisonment "in default of community service"; where "the offence is punishable with fine or community service", Section 8(5) makes that imprisonment simple and caps it at two months where the fine does not exceed ₹5,000, four months where it does not exceed ₹10,000, and one year in any other case. The text does not say whether a Magistrate may order community service for an offence whose own section does not provide for it; no Supreme Court ruling on that point was traced.

3. Several offences at one trial (Section 25). Four steps follow the text:

1. Conditions — one trial, and conviction for two or more offences (25(1)).
2. Punishment for each offence — within the Court's competence and subject to Section 9 BNS.
3. Concurrent or consecutive — the Court "shall, considering the gravity of offences," order which.
4. Beyond single-offence power — if consecutive sentences add up to more than the Court could impose for one offence, no committal to a higher Court is needed (25(2)), but the total may not exceed twenty years or twice the single-offence power, whichever bites first.

On a reading of Sections 23(1) and 25(2) together, proviso (b) keeps a Chief Judicial Magistrate's aggregate at fourteen years (twice seven), below the twenty-year figure in proviso (a); the Assistant Sessions Judge, whose ten-year power under Section 28(3) CrPC could make the fourteen-year cap bite, has no counterpart in Section 22 BNSS. The Supreme Court held in Muthuramalingam (below) that the corresponding CrPC sub-section does not apply to a case tried by the Court of Session.

4. Appeal (Section 25(3)). For appeal by the convicted person, the aggregate of consecutive sentences passed under the section is deemed to be a single sentence.

What this means in practice

For the accused and defence advocate

• At the sentencing hearing, address the "gravity of offences" expressly: Section 25(1) BNSS makes gravity the stated consideration for the concurrent-or-consecutive order.
• Check that the sentence order says whether sentences run concurrently or consecutively, and in what order if consecutive. Under the CrPC, an order that was silent ran consecutively (Sunil Kumar, below); on a reading of Section 25(1), an order under the BNSS that is silent has not done what the section says the Court "shall" do.
• For offences carrying community service (listed above), a submission for community service is available to a Magistrate of the first or second class under Section 23(2)–(3).

For the prosecution

• Where a Magistrate's fine ceiling was ₹10,000 under the CrPC, it is now ₹50,000 for trials under the BNSS. For a trial pending on 1 July 2024, see "Which law applies".

For the court

• A sentencing order for several offences needs an express concurrent-or-consecutive direction, with reference to the gravity of the offences.
• Life sentences cannot be ordered to run consecutively (Muthuramalingam), and imprisonment in default of fine runs in excess of, not concurrently with, substantive imprisonment (O.M. Cherian, para 11; see also Section 8(2) BNS, which says default imprisonment "shall be in excess of any other imprisonment").

Judgments that still matter

Muthuramalingam & Ors. v. State Rep. by Insp. of Police, [2016] 5 S.C.R. 30 — 19 July 2016. A Constitution Bench of five Judges (T.S. Thakur CJI, Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde and R. Banumathi JJ.) answered a reference on consecutive life sentences. It read Section 31(1) CrPC as mandating that sentences "shall commence one after the expiration of the other" unless the Court directs concurrent running (para 20). Treating imprisonment for life as a sentence for the remainder of the offender's life (para 17), it held that multiple life sentences may be awarded but "cannot be directed to run consecutively"; they are superimposed so that remission of one does not remit the other (para 31). The Court may direct a term sentence to be served before a life sentence begins; a direction that the life sentence start first "would necessarily imply that the term sentence would run concurrently" (para 32). It also held that Section 31(2) concerns only a Court not competent to award the aggregate, and "will, therefore, have no application to a case tried by the Sessions Court" (para 25), and that Duryodhan Rout did not state the law correctly to the extent it relied on the proviso to sub-section (2) (para 26). The reference was answered (para 33), leaving the appeals to the regular Bench (para 32). Section 25(2) BNSS repeats the words of Section 31(2) CrPC apart from the twenty-year figure, and Section 22 BNSS repeats Section 28(1)–(2) CrPC.

O.M. Cherian @ Thankachan v. State of Kerala & Ors., [2014] 11 S.C.R. 140 — 11 November 2014. A three-Judge Bench (T.S. Thakur, Adarsh Kumar Goel and R. Banumathi JJ.) answered a reference by holding that Section 31 CrPC "leaves full discretion with the Court" to order sentences at one trial to run concurrently, having regard to the nature of the offences and aggravating or mitigating circumstances, and that there is no rule that consecutive is normal and concurrent the exception (para 21). The discretion is to be exercised "along the judicial lines and not mechanically" (para 20). Default imprisonment "has to be in excess of, and not concurrent with" other imprisonment (para 11). On the facts, the sentences under Sections 498A and 306 IPC were ordered to run concurrently and the appeal was allowed in part (paras 23–24). Section 25(1) BNSS now writes "considering the gravity of offences" into the text.

Sunil Kumar @ Sudhir Kumar & Anr. v. The State of Uttar Pradesh, [2021] 6 S.C.R. 630 (2021 INSC 298) — 25 May 2021. Dinesh Maheshwari and Aniruddha Bose JJ. held that the Court of first instance is under a legal obligation, when awarding multiple sentences, to specify whether they run concurrently or consecutively (para 11), and, if consecutively, the order in which they are to be executed (para 12). An omission operates against the accused because, unless stated, multiple sentences run consecutively under Section 31(1) CrPC (para 13). To meet the requirements of complete justice on the particular facts (para 17.1), the Court capped the imprisonment to be served at fourteen years, stating the order was passed "only in the peculiar facts and circumstances of this case", and kept the default sentences consecutive (paras 17.1, 19, 19.1); the appeal was partly allowed (para 20). On a reading of the text, Section 25(1) BNSS converts the first obligation into the words of the statute ("shall … order").

No Supreme Court judgment applying Sections 23 or 25 BNSS was traced in the material searched for this page as at 28 September 2026.

Which law applies to your case

Section 531(2)(a) BNSS provides that a trial pending on 1 July 2024 continues under the CrPC "as if this Sanhita had not come into force"; on a reading of that clause, Sections 29 and 31 CrPC govern sentencing in such a trial. Section 531(2)(b) deems sentences passed under the CrPC and in force before commencement to have been passed under the corresponding BNSS provisions. Article 20(1) of the Constitution bars a penalty greater than the law in force when the offence was committed; whether a higher fine ceiling or the twenty-year cap may be applied to earlier conduct in a trial begun after 1 July 2024 is, on a reading of that Article, open to argument, and no ruling on it was traced. See Offence before 1 July 2024 — which law applies.

Frequently asked questions

Which BNSS sections replace Sections 29 and 31 CrPC? Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 29 CrPC (sentences which Magistrates may pass) and Section 25 BNSS replaces Section 31 CrPC (sentences for several offences at one trial). Both apply from 1 July 2024. The neighbouring Sections 28 and 30 CrPC become Sections 22 and 24 BNSS.

What is the maximum fine a Magistrate can impose under the BNSS? Under Section 23(2) BNSS, a Magistrate of the first class may impose a fine not exceeding fifty thousand rupees, up from ten thousand rupees under Section 29(2) CrPC. Under Section 23(3), a Magistrate of the second class may impose up to ten thousand rupees, up from five thousand. A Chief Judicial Magistrate may pass any sentence authorised by law except death, life imprisonment or imprisonment exceeding seven years (Section 23(1)).

Can a Magistrate order community service under the BNSS? Sections 23(2) and 23(3) BNSS add community service to the sentences a Magistrate of the first or second class may pass. The Explanation defines it as work the Court may order a convict to perform as a form of punishment that benefits the community, without remuneration. Community service is listed as a punishment in Section 4(f) BNS and is provided for offences such as Sections 202, 209, 226, 303(2), 355 and 356(2) BNS.

Do sentences for several offences run concurrently or consecutively under the BNSS? Section 25(1) BNSS says the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. Under Section 31(1) CrPC, sentences of imprisonment ran one after the other unless the Court directed that they run concurrently. On a reading of the text, the BNSS requires an express order either way.

What is the cap on consecutive sentences under Section 25 BNSS? Under the proviso to Section 25(2) BNSS, a person may not be sentenced to imprisonment for longer than twenty years, and the aggregate punishment may not exceed twice what the Court could impose for a single offence. Section 31(2) CrPC set the first limit at fourteen years. In Muthuramalingam, the Supreme Court held that sub-section (2) has no application to a case tried by the Court of Session.

Can two life sentences run consecutively? No. In Muthuramalingam v. State ([2016] 5 S.C.R. 30), a Constitution Bench held that multiple life sentences may be awarded but cannot be directed to run consecutively; they are superimposed so that remission of one does not remit the other. The Court may direct a term sentence to be served before a life sentence begins. The reasoning rests on a life sentence meaning imprisonment for the remainder of the offender's life, so on a reading it is not affected by the rewording of Section 25(1) BNSS.

Which law governs sentencing powers in a trial pending on 1 July 2024? Section 531(2)(a) BNSS provides that a trial pending on 1 July 2024 continues in accordance with the CrPC as if the BNSS had not come into force. On a reading of that clause, the fine limits in Section 29 CrPC and the fourteen-year cap in Section 31(2) CrPC continue to govern such a trial.

Related

• Community service — the new punishment
• Section 53 IPC vs Section 4 BNS — Punishments
• Summary trial threshold — BNSS 283 vs CrPC 260
• Section 389 CrPC — suspension of sentence
• Offence before 1 July 2024 — which law applies
• CrPC to BNSS master table

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 6, 22, 23, 24, 25 and 531.
• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 4, 8, 9, 202, 209, 226, 303(2), 355 and 356(2).
• Code of Criminal Procedure, 1973 (India Code text, with amendment footnotes): Sections 28, 29, 30 and 31.
• Indian Penal Code, 1860 (India Code text): Section 71.
• Constitution of India: Article 20(1).
• Judgments read in full text: Muthuramalingam v. State (2016_5_30_50_EN.md); O.M. Cherian v. State of Kerala (2014_11_140_154_EN.md); Sunil Kumar v. State of Uttar Pradesh (2021_6_630_643_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.