CrPC Section 426: Sentence on escaped convict when to take effect
Code of Criminal Procedure, 1973 · Chapter 32: Execution, Suspension, Remission and commutation of sentences
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 426. Sentence on escaped convict when to take effect.- (1) When a sentence of death, imprisonment for life or fine is passed under this Code 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 Code 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.
Study: explanations and related material
Now BNSS 466 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p23
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 413. Execution of order passed under section 368
- 414. Execution of sentence of death passed by High Court
- 415. Postponement of execution of sentence of death in case of appeal to Supreme Court
- 416. Postponement of capital sentence on pregnant woman
- 417. Power to appoint place of imprisonment
- 418. Execution of sentence of imprisonment
- 419. Direction of warrant for execution
- 420. Warrant with whom to be lodged
- 421. Warrant for levy of fine
- 422. Effect of such warrant
- 423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
- 424. Suspension of execution of sentence of imprisonment
- 425. Who may issue warrant
- 427. Sentence on offender already sentenced for another offence
- 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
- 429. Saving
- 430. Return of warrant on execution of sentence
- 431. Money ordered to be paid recoverable as a fine
- 432. Power to suspend or remit sentences
- 433. Power to commute sentence
- 433A. Restriction on powers of remission or commutation in certain cases
- 434. Concurrent power of Central Government in case of death sentences
- 435. State Government to act after consultation with Central Government in certain cases