Jan 18, 2018
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Other provisions related to Execution, suspension, remission and computation of sentence

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Other provisions related to Execution, suspension, remission and computation of sentence

Suspension of execution of sentence of imprisonment (section 424)

When an offender has sentenced to fine only and to imprisonment in default of payment of the fine and the fine not paid forthwith, the Court may

  1. order that the fine shall payable fully within thirty days from the date of the order. It can also paid  in two or three installments. The first installment shall payable within thirty days from the date of the order. The other installments also within thirty days from the date of first installment;
  2. suspend the execution of the sentence of imprisonment and release the offender on the execution of bond with or without sureties.  As the Court thinks fit, call for his appearance before the Court on the date or dates on or before payment of fine or installments due. If the amount of the fine or of any installment not realised on or before the due date. The Court may direct the sentence of imprisonment to carried into execution at once.

The provisions of Sub-Section (1) shall apply also to any case of non-recovery for which an order was passed. For such non payment imprisonment may awarded. If the person against whom the order has made required to enter into a bond  fails to do so. The Court may at once pass sentence of imprisonment.

Sentence on offender already sentenced for another offence (section 427)

When a person already undergoing a sentence of imprisonment again sentenced on a subsequent conviction to imprisonment or imprisonment for life. Such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has previously sentenced. Unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence.

Provided that where a person who has sentenced to imprisonment for defaulting in furnishing security. Such person undergoing such sentence, sentenced to imprisonment for an offence committed prior to such order. The the latter sentence shall commence immediately.

When a person already undergoing a sentence of imprisonment for life again sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life. The subsequent sentence shall run concurrently with such previous sentence.

Period of detention undergone by the accused to be set off against the sentence of imprisonment (section 428)

Where an accused person has sentenced to imprisonment for a term on conviction. The imprisonment not in default of payment of fine. The period of detention undergone by him at the time of investigation, inquiry, or trial for the same case. Then before the date of conviction, it shall set off  against the term of imprisonment imposed on him. The liability of such person to undergo imprisonment on such conviction shall restricted to the remainder of the term of imprisonment imposed on him. Provided that in cases referred to in section 433A, such period of detention shall set off against the period of fourteen years referred to in that section.

Saving ( section 429)

Nothing in section 426 or section 427 shall  held to excuse any person from any part of the punishment.  No excuse to which person liable upon his former or subsequent conviction. When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

Article Categories:
Criminal law

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