(2) The provisions of subsection (1) shall be applicable also in any case in which an order for the
payment of money has been made on nonrecovery of which imprisonment may be awarded and the money
is not paid forthwith; and, if the person against whom the order has been made, on being required to enter
into a bond such as is referred to in that subsection, fails to do so, the Court may at once pass sentence of
imprisonment.]
389. Who may issue warrant. Every warrant for the execution of any sentence may be issued either by
the Judge or Magistrate who passed the sentence, or by his successor in office.
390. Execution of sentence of whipping only. When the accused is sentenced to whipping only, the
sentence shall 1[subject to the provisions of section 391] be executed at such place and time as the Court
may direct.
391. Execution of sentence of whipping, in addition to imprisonment.(1) When the accused__
[(a) is sentenced to whipping only and furnishes bail to the satisfaction of the Court for his appearance
at such time and place as the Court may direct, or
2
(b) is sentenced to whipping in addition to imprisonment,] the whipping shall not be inflicted until
fifteen days from the date of the sentence, or, if an appeal is made within that time, until the sentence is
confirmed by the Appellate Court, but the whipping shall be inflicted as soon as practicable after the expiry
of the fifteen days, or, in case of an appeal, as soon as practicable after the receipt of the order of the
Appellate Court confirming the sentence.
(2) The whipping shall be inflicted in the presence of the officer incharge of the jail, unless the Judge or
Magistrate orders it to be inflicted in his own presence.
(3) No accused person shall be sentenced to whipping in addition to imprisonment when the term of
imprisonment to which he is sentenced is less than three months.
392. Mode of inflicting punishment.(1) In the case of a person of or over sixteen years of age
whipping shall be inflicted with a light rattan not less than half an inch in diameter, in such mode, and on
such part of the person, as the 3[Provincial Government] directs; and, in the case of a person under sixteen
years of age, it shall be inflicted in such mode, and on such part of the person, and with such instruments, as
the 3[Provincial Government ] directs.
(2) Limit of number of stripes. In no case shall such punishment exceed thirty stripes 4[and, in the case
of a person under sixteen years of age, it shall not exceed fifteen stripes].
1 Ins. by the Criminal Law Amendment Act, 1923 (12 of 1923), s.21.
2 Subs. for “is sentenced to whipping in addition to imprisonment in a case which is subject to appeal”, ibid., s. 22.
3 Subs. by A.O., 1937, for “L.G”.
4 Ins. by the Whipping Act, 1909 (4 of 1909), s. 7.
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