CrPC 426 — Sentence on escaped convict when to take effect

Code of Criminal Procedure, 1973

Statutory text

(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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