Code Of Criminal Procedure 1898 Section 396

THE CODE OF CRIMINAL PROCEDURE (ACT V OF 1898)

PART VI

PROCEEDINGS IN PROSECUTIONS'

 

 

CHAPTER XXVIII

 

OF EXECUTION

 

 

396. Execution of sentence on escaped convicts. (1) When sentence is passed under this Code on an escaped convict, such sentence, if of death fine or whipping shall, subject to the provisions hereinbefore contained, take effect immediately, and, if of imprisonment, or imprisonment for life shall take effect according to the following rules, that is to say:

 

(2)        If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately.

 

(3) When the new sentence is not severer in its kind than the sentence the 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.

 

Explanation. For the purposes of this section:

 

(a).[ Omitted by Act XXV of 1974.]

 

(b)        a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the same description of imprisonment without solitary confinement; and

 

(c)        a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment with or without solitary confinement.