- Punishments.–The punishments to which offenders are liable
under the provisions of this Code are–
2[Secondly.–Imprisonment for life;] 3 * * * *
Fourthly.–Imprisonment, which is of two descriptions,
(1) Rigorous, that is with hard labour;
Fifthly.–Forfeiture of property, sixthly-fine Sixthly.–Fine.
Commutation of sentence of death.–In every case in which
sentence of death shall have been passed, 3*[the appropriate
Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code
Commutation of sentence of imprisonment for life.–In every
case in which sentence of 4*[imprisonment] for life shall have been
passed, 5[the appropriate Government] may, without the consent of the
offender, commute the punishment for imprisonment of either
description for a term not exceeding fourteen years.
Fractions of terms of punishment.–In calculating fractions
of terms of punishment, 4[imprinsonment] for life shall be reckoned as
equivalent to 4[imprisonment] for twenty years.
Sentence may be (in certain cases of imprisonment) wholly or
partly rigorous or simple.–In every case 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.
Amount of fine.–Where no sum is expressed to which a fine
may extend, the amount of fine to which the offender is liable is
unlimited, but shall not be excessive.
Sentence of imprisonment for non-payment of fine.–1[In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable 2[with
imprisonment or fine, or] with fine only, in which the offender is
sentenced to a fine.]
it shall be competent to the Court which sentences such offender
to direct by the sentence that, in default of payment of the fine, the
offender shall suffer imprisonment for a certain term, which
imprisonment shall be in excess of any other imprisonment to which he
may have been sentenced or to which he may be liable under a
commutation of a sentence.
Limit of punishment of offence made up of several offences.–
Where anything which is an offence is made up of parts, any of which
parts is itself an offence, the offender shall not be punished with
the punishment of more than one of such his offences, unless it is so
1*[Where anything is an offence falling within two or more
separate definitions of any law in force for the time being by which
offences are defined or punished, or
where several acts, of which one or more than one would by itself
or themselves constitute an offence, constitute, when combined, a
the offender shall not be punished with a more severe punishment
then the Court which tries him could award for anyone of such
(a) A gives Z fifty strokes with a stick. Here A may have
committed the offence of voluntarily causing hurt to Z by the whole
beating, and also by each of the blows which make up the whole
beating. If A were liable to punishment for every blow, he might be
imprisoned for fifty years, one for each blow. But he is liable only
to one punishment for the whole beating.
(b) But, if, while A is beating Z, Y interferes, and A
intentionally strikes Y, here, as the blow given to Y is no part of
the act whereby A voluntarily causes hurt to Z, A is liable to one
punishment for voluntarily causing hurt to Z, and to another for the
blow given to Y.
Solitary confinement.–Whenever any person is convicted of an
offence for which under this Code the Court has the power to sentence him
to rigorous imprisonment, the Court may, by its sentence, order that
the offender shall be kept in solitary confinement for any portion or
portions of the imprisonment to which he is sentenced, not exceeding
three months in the whole, according to the following scale, that is
to say Atime not exceeding one month if the term of imprisonment shall
not exceed six months:
a time not exceeding two months if the term of imprisonment shall
exceed six months and 1*[shall not exceed one] year:
a time not exceeding three months if the term of imprisonment
shall exceed one year.
Limit of solitary confinement.–In executing a sentence of
solitary confinement, such confinement shall in no case exceed
fourteen days at a time, with intervals between the periods of
solitary confinement of not less duration than such periods; and when
the imprisonment awarded shall exceed three months, the solitary
confinement shall not exceed seven days in any one month of the whole
imprisonment awarded, with intervals between the periods of solitary
confinement of not less duration than such periods.
Enhanced punishment for certain offence under Chapter XII or Chapter
XVII after previous conviction.