SIGNIFICANT DIFFERENCE BETWEEN CONSECUTIVE AND CONCURRENT SENTENCES CRPC

February 7, 2024
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Sentencing a defendant is one of the most important choices a judge can make in the criminal justice system. Concurrent and sequential sentences are the two basic categories. Only in cases when an accused person is tried once for several crimes will concurrent or consecutive sentences be discussed.

For instance, the judge must determine if the prisoner will serve both terms concurrently or one after the other if they are found guilty of both first-degree murder and armed robbery.

Sentences for those found guilty are the final stage of a criminal trial. The Court deliberates and finally determines the length of the sentence. It is critical to understand that sentencing guidelines differ across the nation. Depending on the spectrum of penalties specified in the Indian Penal Code, 1860, judges have the authority to inflict any sentence.

Sentences: About

  • “Sentences” are pronouncements found in court orders that outline the appropriate punishment for a particular offense. The same would be referred to as “punishment” when it is implemented and operationalized. A sentence is regarded as coming before any actual punishment is administered.
  • Sentencing is the primary goal of a criminal trial. Justice through punishment functions as a metaphor for the present and future generations when the victim is satisfied. Consequently, the sentencing policy’s main goal is to deter crime as well as punish offenders.

consecutive sentence crpc: About

  • The preceding sentence must finish before the consecutive sentence, commonly known as a cumulative sentence, can begin. Consecutive sentences lengthen your entire stay in jail or prison because they are served consecutively.
  • According to Section 427 of the Criminal Procedure Code of 1973, each sentence becomes effective one after the other.

concurrent sentence crpc: About

  • Defendants who get concurrent sentences serve their entire sentence at once. Concurrent sentences operate concurrently and permit your release following the conclusion of the longest term.
  • When someone is found guilty of two or more offenses at one trial, the Court may choose to have the punishments apply concurrently, according to Section 31(1) of the Criminal Procedure Code.

difference between consecutive and concurrent sentences in tabular form

The difference between consecutive and concurrent sentences crpc are as follows:

Consecutive SentencesConcurrent Sentences
When you receive consecutive sentences, one prison term is served right after another. Because one term is placed on top of another, consecutive sentences are frequently referred to as “stacked sentences.”After you receive numerous sentences, you serve them concurrently, or simultaneously, and are freed from prison following the longest term expires.
According to Section 427 of the Criminal Procedure Code, each sentence becomes effective one after the other. Direct concurrency is a discretionary tool available to the sentencing court.According to Section 31(1) of the Criminal Procedure Code allows the Court to decide whether to impose concurrent sentences on an individual found guilty of two or more offenses during a single trial.
This is true for consecutive sentences to jail, which typically result in longer imprisonment terms.Concurrent sentences often result in a convict’s jail sentence being shortened.
Sentences that are consecutive are served one following the other.Concurrent sentences are carried out at the same time.
For more serious crimes, consecutive sentences are imposed.Usually, concurrent sentences are imposed for less serious offenses.
For example: The overall sentence length will be nine months if you receive one six-month sentence and one three-month term. The first sentence will be served first, followed by the second sentence.For example:  The overall sentence length will be 6 months if you receive one 6-month sentence and one 3-month term. This is due to the fact that the 3-month and 6-month sentences will be served concurrently.

Consecutive Sentence or Concurrent Sentence: How Does the Court Determine It?

The judge will weigh the following factors before deciding whether to impose a concurrent sentence or consecutive sentence:

  • The type and circumstances of the offense, 
  • The accused background and personal traits, 
  • The need to shield the public from the accused, 
  • Any relevant sentencing guidelines, 
  • The need to prevent sentence disparities between defendants with similar criminal histories who were previously found guilty of similar actions, and 
  • The requirement to make amends to any victims of the offense is all taken into consideration when determining the appropriate sentence.

If a person is found guilty of several offenses, they may be sentenced to either concurrent or consecutive sentences. While consecutive sentences are often served one after the other, concurrent sentences are delivered simultaneously.

The primary distinction between consecutive and concurrent sentences is that the former usually results in a convict serving a longer prison sentence, while the latter has the reverse effect.

The nature of the charges, the accused person’s prior criminal history, and whether the offender represents a threat to the community are some of the factors the court considers when deciding whether to convict a defendant concurrently or consecutively.

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