Sentence on escaped convict when to take effect
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Summary
An escaped convict sentenced to death, life imprisonment or a fine has that sentence take effect immediately, subject to earlier provisions. For a fixed term, a new imprisonment sentence takes effect immediately only if it is harsher in kind than the sentence being served at escape; otherwise it begins after the convict has served an additional period equal to the unexpired part of the earlier sentence (rigorous imprisonment is treated as harsher than simple).
Example
Priya was serving three years of simple imprisonment and escaped when two years remained. Later she was sentenced to two years' simple imprisonment for a new offence. Because the new sentence is not severer in kind than the one she fled from, it will begin only after she has served a further period equal to the two years that remained when she escaped.
Bare Act
Enacted 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,
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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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