THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
35. Sentence in case of conviction of several
offences at one trial. (1) When a
person is convicted at one trial of two or more offences, the Court may,
subject to the provisions of Section 71 of the Pakistan Penal Code sentence
him, for such offences, to the several punishments prescribed therefore which
such Court is competent to inflict; such punishments when consisting of
imprisonment [1][...] 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.
(2) In
the case of consecutive sentences, it shall not be necessary for the Court, by
reason only of the aggregate punishment for the several offences being in
excess of the punishment which it is competent to inflict on conviction of a
single offence, to send the offender for trial before a higher Court:
Provided as follows:--
Maximum terms of punishment--
(a) in no
case shall such person be sentenced to imprisonment for a longer period than
fourteen years;
(b) if the
case is tried by a Magistrate [2][..] the aggregate
punishment shall not exceed twice the amount of punishment which he is, in the
exercise of his ordinary Jurisdiction, competent to inflict.
(3) For the purpose of appeal, [3][the aggregate of
consecutive] sentences passed under this section in case of convictions for
several offences at one trial shall be deemed to be a single sentence.
Explanation. [4][x x x x x x]
[1]. Words
“or transportation” omitted Act, XXV of 1974.
[2]. Words
“(other than a Magistrate acting under Section 34)” omitted by Law Reforms
Ord., 1972, Item No. 17. Omission enforced w.e.f. 21.3.1996 vide No.
SOJ-H/1-8/75, dated 21.3.1996 in the
[3]. Subs.
by Cr.P.C. Amendment Act, 1923, S. 7 for aggregate.
[4]. Explanation
and illustration repealed by Act, II of 1923, S. 7.