sentence of imprisonment subsequently passed shall count from the
date of the first sentence, and the imprisonment in lieu of fine shall
be taken effect last, although a portion of it may have been already
served when the substantive sentence was awarded.
Imprisonment under sections 106 or 118 Cr.P.C. in addition to
substantive sentence:
Rule50. (i) If any person, in respect of whom an order
requiring security is made under section 106 or section 118, is, at
the time such order is made, sentenced to or undergoing a sentence
of imprisonment, the period for which such security is required
shall commence on the expiry of such sentence.
(ii) In other cases such period shall commence on the date of
such order unless the Magistrate, for sufficient reason, fixes a later
date.
Note.—An order under section 123 of the Criminal Procedure
Code directing that a person who has failed to give security shall be
detained in prison is not a "sentence of imprisonment" for the
purposes of section 397 of the Criminal Procedure Code. It is
merely an order for detention in prison, and if it is passed under
clause (2) of section 123, the Magistrate proceeding must be laid
before the Sessions Judge, who may thereafter pass such order on
the case as he thinks fit, but if the Sessions Judge confirms, or
varies the order, and does not set it aside, the period for which
detention is ordered must date from the time when the first court
passed its order. Imprisonment for failure to give security for
keeping the peace shall be simple.
Sentence awarded to an escaped convict how to take effect.
Rule51. When an additional sentence of imprisonment is
passed on an escaped convict who has been recaptured, such
sentence shall take effect according to the following rule:If the new sentence is severer in its kind then the sentence
which such convict was undergoing when he escaped, the
new sentence shall take effect immediately, and the expired
portion of original sentence, shall be served subsequently.
When the new sentence is not more severe, it shall take
effect after he has served the unexpired portion of his
original sentence.
Note.--A sentence of life imprisonment is severer than one
of imprisonment; a sentence of rigorous imprisonment is severer
than one of simple imprisonment.
Entry when whipping is awarded.
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