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Showing contexts for: section 71 penal code in Tejinder Singh @ Teja vs State Of Punjab on 17 March, 2016Matching Fragments
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody."
As regards concurrence the Sections which deal with it in our Criminal law are Section 71 IPC, Section 31 Cr.P.C. and Section 427 Cr.P.C.
Section 71 IPC is as under :-
"71. Limit of punishment of offence made up of several offences.--Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.
Section 31 Cr.P.C is as under :-
31. Sentences in cases 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 Indian Penal Code (45 of 1860 ), 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.
Concurrence on the other hand is of recent origin and to the best of my research and of that of learned counsel appearing, it made a modest appearance in 1860 in the IPC with the enactment of Section 71 IPC. The Code of Criminal Procedure, 1869 had no provision therefor and it was only in the Code of 1898 that Section 35 was enacted (which corresponds to Section 31 of the 1973 Code). The power to grant concurrence for different offences tried in different trials was conferred on the Courts only by the amendment Act of 1923. For a lucid exposition of the law prior to 1923 reference may be made to a Division Bench decision of the Madras High Court in Re: Ponniah Lopes and others Vs. Unknown, (1934) 66 MLJ 572.