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Code 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.

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Karnataka Prisoners Act, 1963 Section 10

Title: Appointment of Places for Confinement of Persons Under Sentence of Imprisonment for Life and Removal Thereto

State: Karnataka

Year: 1963

Section 10 - Appointment of places for confinement of persons under sentence of imprisonment for life and removal thereto (1) The State Government may appoint places within the1[State of Karnataka] to which persons under sentence of imprisonment for life shall be sent; and the State Government or any officer duly authorised in this behalf by the State Government shall give orders for the removal of such person to the place so appointed, except when sentence of imprisonment for life is passed on a person already undergoing imprisonment for life under a sentence previously passed for another offence. (2) In any case in which the State Government is competent under sub--section (1) to appoint places within the State and to order the removal thereto of persons under sentence of imprisonment for life, the State Government may appoint such places in any other State by agreement with the Government of such State and may, by like agreement, give orders or duly authorise any officer to give orders for the removal thereto of such persons. ______________________________________ 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973

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Indian Penal Code (45 of 1860) Section 222

Title: Intentional Omission to Apprehend on the Part of Public Servant Bound to Apprehend Person Under Sentence or Lawfully Committed

State: Central

Year: 1860

.....either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 7 [or if the person was lawfully committed to custody]. ______________________ 1. Inserted by Act 27 of 1870, section 8. 2. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956). 3. The words "or penal servitude for life" omitted by Act 17 of 1949, section 2 (w.e.f. 6-4-1949). 4. The words "or to" omitted by Act 36 of 1957, section 3 and Schedule II (w.e.f. 17-9-1957). 5. The word "transportation" omitted by Act 26 of 1955, section 117 and Schedule (w.e.f. 1-1-1956). 6. The words "or penal servitude" omitted by Act 17 of 1949, section 2 (w.e.f. 6-4-1949). 7. Inserted by Act 27 of 1870, section 8.

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Code 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.

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Code 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.

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Code of Criminal Procedure, 1973 Section 433

Title: Power to Commute Sentence

State: Central

Year: 1973

The appropriate Government may, without the consent of the person sentenced commute (a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860); (b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine; (c) a sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine; (d) a sentence of simple imprisonment, for fine.

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Border 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.....

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Assam 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......

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Indian Penal Code (45 of 1860) Section 55

Title: Commutation of Sentence of Imprisonment for Life

State: Central

Year: 1860

In every case in which sentence of 1 [imprisonment] for life shall have been passed, 2 [the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. _____________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation" (w.e.f. 1-1-1956). 2. Substituted by the A.O. 1950, for "the Provincial Government of the Province within which the offender shall have been sentenced". The words in italics were Substituted by the A.O. 1937, for "the Government of India or the Government of the place".

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Code of Criminal Procedure, 1973 Section 416

Title: Postponement of Capital Sentence on Pregnant Woman

State: Central

Year: 1973

If a woman sentenced to death is found to be pregnant, the High Court shall 1[***] commute the sentence to imprisonment for life. ________________________________ 1. Omitted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 Previous text was :- "order the execution of the sentence to be postponed"

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