Sentence on escaped convict when to take effect
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Summary
When an escaped convict is sentenced to death, life imprisonment or a fine, that punishment takes effect immediately. For a fixed term of imprisonment, if the new sentence is harsher in kind than the one he was serving when he escaped it starts at once; if not, it begins only after he has served an additional period equal to the unexpired part of his earlier sentence. Rigorous imprisonment is treated as harsher than simple imprisonment.
Example
Ravi escaped from prison while serving a three-year simple imprisonment with one year unserved. A court later sentences him to two years' rigorous imprisonment. Because rigorous imprisonment is severer in kind than his earlier simple imprisonment, the new sentence takes effect immediately.
Bare Act
Enacted text(1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita 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 Sanhita on an escaped convict,-
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(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;
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(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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