Execution of sentence of imprisonment
AI Assist
Summary
When a court sentences a person to life imprisonment or to a term (except in cases under section 453), it must immediately send a warrant to the jail where the person is or will be confined and, if the person is not already detained, forward them to that jail with the warrant. If the sentence is till the rising of the Court, no jail warrant is needed and the court may order temporary confinement. If the accused was absent, the court issues an arrest warrant and the sentence begins on the date of arrest.
Example
Priya is convicted and sentenced to five years' imprisonment. The court will send a warrant to the jail and, because Priya is not already in custody, forward her to that jail with the warrant so her sentence can begin. If Priya had been absent at sentencing, the court would instead issue an arrest warrant and her sentence would start on the date she is arrested.
Bare Act
Enacted text(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:
Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.
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