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Start Free TrialCode of Criminal Procedure, 1973 Chapter 32
Title: Execution, Suspension, Remission and Commutation of Sentences
State: Central
Year: 1973
.....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. Section 428 - Period of detention undergone by the accused to be set off against the sentence of imprisonment Where an accused person has, on conviction, been sentenced to imprisonment for a term 1[not being imprisonment in default of payment of fine,] the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him. 2[Provided that in cases referred to in section 433A, such.....
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Chapter IX
Title: Execution of Sentences, Pardons, Remissions, Etc.
State: Central
Year: 1986
.....a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer holding the trial may make the direction referred to in sub-section (1). Section 128 - Release on suspension Where a sentence is suspended under section 126, the offender shall forthwith be released from custody. Section 129 - 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 130 - Order after suspension The authority or officer specified in section 126 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 131 - 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 126, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 126. (2) Where on such reconsideration by the officer so authorised.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Chapter XIV
Title: Execution of Sentences
State: Central
Year: 1957
.....detention quarters, as the case may be, shall be deemed to be naval prisons or naval detention quarters respectively, within the meaning of this Act. Section 158 - Execution of sentence of fine When a sentence of fine is imposed under this Act by a court-martial or disciplinary court, the officer ordering the court-martial or disciplinary court may transmit a copy of the order imposing the fine duly certified under his hand to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the1[Code of Criminal Procedure, 1973], or any law corresponding thereto in force in the State of Jammu and Kashmir as if it were a sentence of fine imposed by such magistrate. ________________________ 1. Substituted for the words and figures "Code of Criminal Procedure, 1898" by the Navy (Amendment) Act, 1982 (48 of 1982), Section 10(16-10-1982). Section 159 - Power to make regulations in respect of naval prisons and detention quarters (1) The Central Government may, by notification in the Official Gazette, make regulations providing,-- (a) for the government, management and regulation of naval prisons and.....
View Complete Act List Judgments citing this sectionIndo-tibetan Border Police Force Act, 1992 Chapter X
Title: Execution of Sentences, Pardons, Remissions, Etc.
State: Central
Year: 1992
..... (2) Where a sentence of imprisonment is imposed by a Summary Force Court, the officer holding the trial may make the direction referred to in sub-section (1). Section 146 - Release on suspension Where a senence is suspended under section 144, the offender shall forthwith be released from custody. Section 147 - 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 148 - Order after suspension The authority or officer specified in section 144 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 149 - 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 not below the rank of an Additional Deputy Inspector-General duly authorised by the authority or officer specified in section 144. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct.....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Chapter X
Title: Execution of Sentences, Pardons, Remissions, Etc.
State: Central
Year: 2007
..... (2) Where a sentence of imprisonment is imposed by a Summary Force Court, the officer holding the trial may mike the direction referred to in sub-section(1). Section 146 - Release on suspension of sentence Where a sentence is suspended under section 144, the offender shall forthwith be released from custody. Section 147 - Computation of period of sentence Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. Section 148 - Order after suspension of sentence The authority or officer specified in section 144 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 149 - Reconsideration of case after suspension of sentence (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 not below the rank of an Additional Deputy Inspector-General duly authorised by the authority or officer specified in section 144. (2) Where on such reconsideration by the officer so.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Chapter IX
Title: Execution and Suspension of Sentences
State: Central
Year: 1978
.....since his conviction has been such as to justify a remission of the sentence he shall refer the matter to the authority or officer specified in section 107. Section 112 - Fresh sentence after suspension Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-- (a) if the further sentence is also suspended under this Act, the sentence shall run concurrently; (b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Coast Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 110 or section 111 continue to be suspended. Section 113 - Scope of power of suspension The powers conferred by Sections 107 and 110 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation......
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 432
Title: Power to Suspend or Remit Sentences
State: Central
Year: 1973
.....sentenced, it is presented through the officer in charge of the jail; or (b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person or imposes any liability upon him or his properly. (7) In this section and in section 433, the expression "appropriate Government" means, (a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government; (b) in other cases the Government of the State within which the offender is sentenced or the said order is passed.
View Complete Act List Judgments citing this sectionNavy Act, 1957 Chapter XVI
Title: Modifications of Findings and Sentences, Pardond and Commutation, Remission and Suspension of Sentences
State: Central
Year: 1957
.....150 has power to issue an order of committal (hereinafter in this section referred to as "the committing authority") may, in lieu of issuing such an order, order that the sentence be suspended until an order of committal is issued, and in such case (a) notwithstanding anything in this Act, the term of the sentence shall not be reckoned as commencing until an order of committal is issued; (b) the case may at any time, and shall at intervals of hot more than three months, be reconsidered by the Central Government or committing authority or the prescribed officer, and if on any such reconsideration it appears to the Central Government or committing authority or such prescribed officer that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, the Central Government or committing authority or such prescribed officer shall remit the whole or any part of it; (c) subject to regulations made under this Act, the Central Government or the committing authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of committal and thereupon the sentence shall cease to be suspended; (d) where a.....
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 sectionArmy Act, 1950 Chapter XIII
Title: Execution of Sentences
State: Central
Year: 1950
.....or part of a building, or any place under its control, as a military prison for the confinement of persons sentenced to imprisonment under this Act. Section 176 - Informality or error in the order or warrant Whenever any person is sentenced to transportation or imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly. Section 177 - Power to make rules in respect of prisons and prisoners The Central Government may make rules providing-- (a) for the government, management and regulation of military prisons; (b) for the appointment, removal and powers of inspectors, visitors, governors and officers thereof; (c) for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, by special.....
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