Construction of reference to transportation
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Summary
Where a law or instrument mentions "transportation for life", read it as "imprisonment for life". Sentences of transportation for a term that were passed before the Code's amendment replacing transportation must be treated as rigorous imprisonment for the same term. References to transportation for a shorter term are to be treated as omitted.
Example
Priya was convicted under an old statute and sentenced to transportation for seven years before the Code's amendment. Under this rule, her sentence will be treated as rigorous imprisonment for seven years rather than transportation.
Bare Act
Enacted text(1) Subject to the provisions of sub-section (2) and sub-section (3), any reference to “transportation for life” in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to “imprisonment for life”.
(2) In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.
(3) Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.
(4) Any reference to “transportation” in any other law for the time being in force shall,—
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(a) if the expression means transportation for life, be construed as a reference to imprisonment for life;
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(b) if the expression means transportation for any shorter term, be deemed to have been omitted.
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