Sanhita.ai

Code of Criminal Procedure

(CRPC)

Sentence on escaped convict when to take effect.

Chapter 32: Execution, Suspension, Remission And commutation Of Sentences

Section: 426

(1)When a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.

(2)When a sentence of imprisonment for a term is passed under this Code on an escaped convict, -

(a)if such sentence is severer in kind than the sentence which such convict was under doing when he escaped, the new sentence shall take effect immediately;

(b)if such sentence is not severer in kind than the sentence which such 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.

(3)For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.

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