Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
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Summary
When an offence carries imprisonment that may be either rigorous or simple, the sentencing court decides which type will apply. The court can order the whole term to be rigorous, the whole term to be simple, or split the term so part is rigorous and part is simple. That choice is recorded in the sentence.
Example
Priya is convicted of an offence where the law allows either rigorous or simple imprisonment. The court sentences her to two years and directs the first year to be rigorous and the second year to be simple. She will serve the first year under rigorous conditions and the second year under simple conditions.
Bare Act
Enacted textIn every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
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