Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
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Summary
When a crime is punishable with imprisonment that may be either rigorous or simple, the court can choose which kind to impose. The court may direct the whole sentence to be rigorous, the whole to be simple, or part rigorous and part simple. This choice becomes part of the formal sentence the offender must serve.
Example
Ravi, a driver, is convicted of an offence punishable with either simple or rigorous imprisonment. The judge sentences him to three years and specifies that two years will be rigorous and one year simple. Ravi will serve the term accordingly as part rigorous and part simple imprisonment.
Bare Act
Enacted textIn every ease in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
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