Execution of sentence of imprisonment
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Summary
An accused sentenced to life or to a term (except in certain cases) must be sent to prison right away: the sentencing court forwards a warrant to the jail and forwards the prisoner there unless already confined. If the sentence is only till the rising of the court, no warrant is needed and the court may order local confinement. If the accused is absent when sentenced, the court issues a warrant for arrest and the sentence begins on the date of arrest.
Example
Priya is not present in court when she is sentenced to two years' imprisonment. The court will issue a warrant for her arrest to send her to jail, and her sentence will begin 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 413, 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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