393. Not to be executed by instalments Exemptions. No sentence of whipping shall be
executed by instalments: and none of the following persons shall be punishable with whipping,
namely :__
(a) females ;
(b) males sentenced to death or to 1[imprisonment for life], 2* * * , or to imprisonment for
more than five years;
(c) males whom the Court considers to be more than fortyfive years of age.
394. Whipping not to be inflicted if offender not in fit state of health.(1) 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 remainder of the sentence, the whipping shall be finally stopped.
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, 3[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 3[or a fine of an amount] exceeding that to which the accused is liable by law, or that which
the said Court is competent to inflict.
396. Execution of sentences on escaped convicts.(1) When sentence is passed under this
Code on an escaped convict, such sentence, if of death, fine or whipping, shall, subject to the
provisions hereinbefore contained, take effect immediately, and, if of imprisonment, 4* * or
1[imprisonment for life], shall take effect according to the following rules, that is to say :__
1 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and Sch., for “transportation” (w.e.f. 13.4.72)
2 The words “or to penal servitude” omitted by the Criminal Law (Extinction of Discrimintory Privileges) Act, 1949 (2 of 1950), sch.
3 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 105.
4 The words “penal servitude” omitted by the Criminal Law (Extinction of Discriminatory Privileges)Act, 1949 (2 of 1950), Sch.
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