Section 426
Sentence on escaped convict when to take effect.
The Code of Criminal Procedure, 1973
About this Act
An Act to consolidate and amend the law relating to Criminal Procedure.
(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.
(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.