at once be reported to the Magistrate who passed the sentence and
the prisoner kept in custody till the Magistrate can revise it. It is
not permissible to defer the whipping until the prisoner is fit to
receive it.
Section 394 of Criminal Procedure Code:
394. Whipping not to be inflicted if offender not in fit
state of health. (l) The punishment of whipping shall not be
inflicted unless a medical officer, if present, certifies or if there is
not a medical officer present, unless it appears to the Magistrate or
officer present that the offender is in a fit state of health to undergo
such punishment.
(2) Stay of execution. If, during the execution of a
sentence of whipping, a medical officer Certifies, or it appears to
the Magistrate or officer present, that the offender is not in a fit
state of health to undergo the sentence, the whipping shall be
finally stopped.
Section 395 of Criminal Procedure Code:
395. Procedure if punishment cannot be inflicted under
section 394.(1) In any case in which, under section 394, a sentence
of whipping is, wholly or partially, prevented from being executed,
the offender shall be kept in custody till the Court which passed the
sentence can revise it; and the said Court may, at its discretion,
either remit such sentence or sentence the offender in lieu of
whipping or in lieu of so much of the sentence of whipping as was
not executed, to imprisonment for any term not exceeding twelve
months, or to a fine not exceeding five hundred rupees, which may
be in addition to any other punishment to which he may have been
sentenced for the same offence.
(2) Nothing in this section shall be deemed to authorize any
Court to inflict imprisonment for a term or a fine of an amount
exceeding that to which the accused is liable by law, of that which
the said Court is competent to inflict.
Whipping to be certified on warrant.
Rule60. After a whipping has been duly inflicted, the
Superintendent shall endorse a certificate on the warrant to that
effect, recording the date of execution.
Police registered prisoners.
Rule61. P. R. Slips sent by the Police shall be attached
with the warrants and a note to this effect made on the warrants.
Police registered prisoners are divided into two classes,
namely, P. R. and P.R. T.
Letters T.R.' indicate that a prisoner is "Police registered"
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