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Start Free TrialCode of Criminal Procedure, 1973 Section 325
Title: Procedure when Magistrate Can Not Pass Sentence Sufficiently Severe
State: Central
Year: 1973
(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 415
Title: Postponement of Execution of Sentence of Death in Case of Appeal to Supreme Court
State: Central
Year: 1973
.....such appeal has expired, or if an appeal ispreferred within that period, until such appeal is disposed of. (2)Where a sentence of death is passed or confirmed by the High Court, and theperson sentenced makes an application to the High Court for the grant of acertificate under Article 132 or under sub-clause (c) of clause (1) of Article134 of the Constitution, the High Court shall order the execution of thesentence to be postponed until such application is disposed of by the HighCourt, or if a certificate is granted on such application until the periodallowed for preferring an appeal to the Supreme Court on such certificate hasexpired. (3)Where a sentence of death is passed or confirmed by the High Court, and theHigh Court is satisfied that the person sentenced intends to present a petitionto the Supreme Court for the grant of special leave to appeal under Article 136of the Constitution, the High Court shall order the execution of the sentenceto be postponed for such period as it considers sufficient to enable him topresent such petition.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Chapter IX
Title: Execution of Sentence, Pardons, Remissions, Etc.
State: Central
Year: 1968
.....is imposed by a Summary Security Force Court, the officer holding the trial or the officer authorised to approve of the sentence under subsection (2) of section 114 may make the direction referred to in sub-section (1). Section 132 - Release on suspension Where a sentence is suspended under section 130, the offender shall forthwith be released from custody. Section 133 - Computation of period of suspension Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. Section 134 - Order after suspension The authority or officer specified in section 130 may, at any time while a sentence is suspended, order-- (a) that the offender be committed to undergo the unexpired portion of the sentence; or (b) that the sentence be remitted. Section 135 - Reconsideration of case after suspension (1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 130, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section.....
View Complete Act List Judgments citing this sectionAssam Rifles Act, 2006 Chapter XI
Title: Execution of Sentence, Pardon, Remission, Etc.
State: Central
Year: 2006
.....imprisonment is imposed by a Summary Assam Rifles Court, the officer holding the trial or the officer authorised to approve the sentence under sub-section (2) of section 136 may make the direction referred to in sub-section (1). Section 154 - Release on suspension Where a sentence is suspended under section 152 the offender shall forthwith be released from custody. Section 155 - Computation of period of suspension Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. Section 156 - Order after suspension The authority or officer specified in section 152 may, at anytime while a sentence is suspended, order-- (a) that the offender be committed to undergo the unexpired portion of the sentence; or (b) that the sentence be remitted. Section 157 - Reconsideration of case after suspension (1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 152 or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 152......
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 426
Title: Sentence on Escaped Convict when to Take Effect
State: Central
Year: 1973
(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 undergoing 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.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 163
Title: Alteration of Finding or Sentence in Certain Cases
State: Central
Year: 1950
.....or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a court-martial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a court-martial.
View Complete Act List Judgments citing this sectionAir Force Act, 1950 Section 160
Title: Alteration of Finding or Sentence in Certain Cases
State: Central
Year: 1950
.....for the offence specified or involved in such finding : Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence. (2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub- section (1), is found for any reason to be invalid, the.authority referred to in sub- section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a court-martial.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 116
Title: Alteration of Finding or Sentence in Certain Cases
State: Central
Year: 1968
.....in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the Security Force Court on the charge and unless it appears that the Security Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Force Court.
View Complete Act List Judgments citing this sectionIndo-tibetan Border Police Force Act, 1992 Section 130
Title: Alteration of Finding or Sentence in Certain Cases
State: Central
Year: 1992
.....offence specified or involved in such finding : Provided that no such substitution shall be made unless such finding could have been validly made by the Force Court on the charge and unless it appears that the Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purpose of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Force Court.
View Complete Act List Judgments citing this sectionAssam Rifles Act, 2006 Section 138
Title: Alteration of Finding or Sentence in Certain Cases
State: Central
Year: 2006
.....involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the Assam Rifles Court on the charge and unless it appears that the Assam Rifles Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by an Assam Rifles Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1) is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishment than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purpose of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of an Assam Rifles Court.
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