Who may issue warrant? What is Sentence on escaped convict when to take effect? What is Sentence on offender already sentenced for another offence? Section 425, 426 and 427 of Code of Criminal Procedure 1973

Who may issue warrant, Sentence on escaped convict when to take effect and Sentence on offender already sentenced for another offence are defined under Section 425, 426 and 427 of CRPC 1973. Provisions under these sections are:

 

Section 425 of CRPC "Who may issue warrant"

Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-charge.

 

 

 

 

 

Section 426 of CRPC "Sentence on escaped convict when to take effect"

 (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-

(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;

(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.

 

Section 427 of CRPC "Sentence on offender already sentenced for another offence"

(1) When a person already undergoing a sentence on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:

Provided that where a person who has been sentenced to imprisonment by an order under Section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, subsequent sentence shall run concurrently with such previous sentence.

STATE AMENDMENT

Tamilnadu :-- Insert the following sub-section after sub- section (I):--

"(IA) Notwithstanding anything contained in sub-section (1), when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment under sub-section (2) of Section 380 of the Indian Penal Code (Central Act XLV of 1860), for an offence of theft of any idol or icon in any building used as a place of worship, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced" - T.N. Act 28 of 1993.

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