Section 150 of The Sashastra Seema Bal Act, 2007
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then–
- (a)if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
- (b)If the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
- (c)If the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 148 or section 149, continue to be suspended.
Summary
- If a person has a suspended sentence and gets a new sentence which is also suspended, both run at the same time.
- If the new sentence is three months or more and is not suspended, the person is sent to prison or custody to serve both the new sentence and the remaining part of the old sentence together.
- If the new sentence is less than three months and is not suspended, the person serves only the new sentence in custody while the old sentence stays suspended.
- Any old sentence that remains suspended under these conditions is still subject to review or changes by superior officers.
Practical examples
FAQ
1. What happens under Section 150 of the Sashastra Seema Bal Act, 2007 if a member with a suspended sentence receives a new suspended sentence?
Under Section 150 of the Sashastra Seema Bal Act, 2007, if both the previous sentence and the new sentence are suspended, they will run concurrently, which means they run at the same time.
2. How does a new, unsuspended sentence of four months affect a previous suspended sentence under Section 150 of the Sashastra Seema Bal Act, 2007?
Under Section 150 of the Sashastra Seema Bal Act, 2007, if the new sentence is three months or more and is not suspended, the offender is committed to prison or force custody for both the new sentence and the unexpired portion of the old sentence, and both sentences will run concurrently.
3. If an officer gets a new unsuspended sentence of forty days, does the old suspended sentence resume under Section 150 of the Sashastra Seema Bal Act, 2007?
No. Under Section 150 of the Sashastra Seema Bal Act, 2007, because forty days is less than three months, the offender is committed to custody only for that new forty day sentence. The previous sentence remains suspended.
Test yourself
Q1.Under Section 150 of the Sashastra Seema Bal Act, 2007, if an offender whose sentence is suspended receives a further sentence that is also suspended, how do these two sentences run?
Q2.Under Section 150 of the Sashastra Seema Bal Act, 2007, what is the critical threshold duration of a new, unsuspended sentence that determines whether a previously suspended sentence must also be served in custody?
Q3.Under Section 150 of the Sashastra Seema Bal Act, 2007, if a member receives a new, unsuspended sentence of two months, what happens to the previous suspended sentence?
Q4.Under Section 150 of the Sashastra Seema Bal Act, 2007, when a member is committed to custody for a new unsuspended sentence of four months, how do the two sentences run?