Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 467: Sentence on Escaped Convict When to Take Effect
(1) When a sentence of death, imprisonment for life, or fine is passed under this Sanhita 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 Sanhita 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.
Brief Detail
Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the implications of sentencing for escaped convicts. It specifies when sentences take effect based on the severity of the new sentence compared to the previous one. Death sentences and life imprisonment take immediate effect. For term sentences, if the new sentence is harsher, it takes immediate effect; if not, it takes effect after serving the remainder of the previous sentence.
Question & Answers
Q1: What types of sentences take immediate effect on an escaped convict?
A1: A sentence of death, imprisonment for life, or fine takes immediate effect on an escaped convict.
Q2: When does a new sentence of imprisonment take effect if it is severer in kind than the previous sentence?
A2: If the new sentence is severer in kind, it takes effect immediately.
Q3: How does the new sentence take effect if it is not severer in kind than the previous sentence?
A3: If the new sentence is not severer in kind, it takes effect after the convict has served a further period equal to the remaining time of the former sentence.
Q4: What is considered a severer sentence?
A4: A sentence of rigorous imprisonment is deemed severer in kind than a sentence of simple imprisonment.
Example
- Immediate Effect Scenario: An escaped convict who was serving a term of simple imprisonment receives a new sentence of rigorous imprisonment. The new sentence takes effect immediately.
- Deferred Effect Scenario: An escaped convict serving a sentence of rigorous imprisonment is given a new sentence of simple imprisonment. The new sentence takes effect only after the convict has served the remaining time of the previous rigorous imprisonment.
- Life Imprisonment: An escaped convict sentenced to life imprisonment will have that sentence take effect immediately upon re-capture, regardless of previous sentences.
Summary
Section 467 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the protocol for sentencing escaped convicts. Immediate effect applies to death sentences and life imprisonment, while new term sentences are evaluated based on their severity compared to prior sentences. Rigorous imprisonment is treated as a more severe option than simple imprisonment.
