State the general provisions regarding the execution of sentences under the Code of Criminal Procedure.

Question: State the general provisions regarding the execution of sentences under the Code of Criminal Procedure.

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Answer

Basically, the execution of a sentence signifies the implementation of the sentence given to the accused. Chapter XXXII [D] of the CrPC provides for general provisions regarding execution. They are listed as below:

Section 425: 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-officer.”

When the warrant does not mention that the sentences shall run concurrently, the jail authorities are justified in assuming that the sentences shall run consecutively.

Section 426: 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.”

The object of this section is to provide that the severer sentence must be undergone.

Section 427: Sentence on offender already sentenced for another offence-

“(1) When a person already undergoing a sentence of imprisonment is sentenced 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, the subsequent sentence shall run concurrently with such previous sentence.”

This section fixes the time from which a sentence passed on an offender who is already undergoing another sentence should run.

The proviso says that if a person who is imprisoned 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 an order, the latter sentence is to commence immediately.

Section 428: Period of detention undergone by the accused to be set off against the sentence or imprisonment-

“Where an accused person has, on conviction, been sentenced to imprisonment for a term 1 , not being imprisonment in default of payment of fine], the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, any, of the term of imprisonment imposed on him.”

Section 429: Saving-

“(1) Nothing in section 426 or section 427 shall be held to excuse the person from any part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.”

Section 430: Return of the warrant on execution sentence-

“When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.”

Section 431: Money ordered to be paid recoverable as fine-

“Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 421, after the words and figures” under section 357″, the words and figures” or an order for payment of costs under section 359″ had been inserted.”

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