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Home Bare Acts Phrase: convictionBorder Security Force Act, 1968 Chapter IX
Title: Execution of Sentence, Pardons, Remissions, Etc.
State: Central
Year: 1968
.....The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. Section 131 - Orders pending suspension (1) Where the sentence referred to in section 130 is imposed by a Security Force Court other than a Summary Security Force Court the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Force custody until the orders of the authority or officer specified in section 130, have been obtained. (2) Where a sentence of imprisonment 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.....
View Complete Act List Judgments citing this sectionAssam Rifles Act, 2006 Chapter XI
Title: Execution of Sentence, Pardon, Remission, Etc.
State: Central
Year: 2006
.....The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. Section 153 - Orders pending suspension (1) Where sentence referred to in section 152 is imposed by an Assam Rifles Court other than Summary Assam Rifles Court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Force custody until the orders of the authority or officer specified in section 152 have been obtained. (2) Where a sentence of 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.....
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 sectionCode of Criminal Procedure, 1973 Section 300
Title: Person Once Convicted or Acquitted Not to Be Tried for Same Offence
State: Central
Year: 1973
.....charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft simply, or with criminal breach of trust. (b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (d) A is charged by a Magistrate of the first class with, and convicted by him of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt (o B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 8
Title: Disqualification on Conviction for Certain Offences
State: Central
Year: 1951
.....or profiteering" means any law, or any order, rule or notification having the force of law, providing for- (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be brought or sold; (iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity; (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; (b) "drug" has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (23 of 1940); (c) "essential commodity" has the meaning assigned to it in the Essential Commodities Act, 1955 (10 of 1955); (d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954). ______________________ 1. Inserted by Act 42 of 1991, Section 8 w.e.f. 18-9-1991. 2. Added by Act 21 of 1996, Section 3 w.e.f. 1-8-1996 3. Inserted by Act 21 of 1996, Section 3 w.e.f. 1-8-1996. 4. Inserted by The Representation Of The People (Amendment) Act, 2002 (9 Of 2003) 5. Substituted for "shall be disqualified for a period of six years from the.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 427
Title: Sentence on Offender Already Sentenced for Another Offence
State: Central
Year: 1973
.....conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. STATE AMENDMENT 1Tamil Nadu: In section 247 after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) Notwithstanding anything contained in sub-section (1), when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment under sub-section (2) of section 380 of the Indian Penal Code (Central Act XLV of 1860), for an offence of theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence ac the expiration of the imprisonment to which he has been previously sentenced." ______________________ 1. Vide Tamil Nadu Act 28 of 1993, Section 6.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 389
Title: Suspension of Sentence Pending the Appeal; Release of Appellant on Bail
State: Central
Year: 1973
.....one, and he is on bail, order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. ______________________________ 1. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 377
Title: Appeal by the State Government Against Sentence
State: Central
Year: 1973
.....also direct] the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence. ______________________ 1. Substituted by Act 45 of 1978, section 29, for "the Central Government may direct" (w.e.f. 18-12-1978). 2.Substituted by vide The Code of Criminal Procedure (Amendment) Act, 2005. Earlier the text was as under: "an appeal to the High Court against the sentence on the ground of its inadequacy"
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.
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