(2) If the new sentence is severer in its kind than the sentence which such convict was undergoing when
he escaped, the new sentence shall take effect immediately.
(3) When the new sentence is not severer in its kind than the sentence the convict was undergoing when
he escaped, the new sentence shall take effect after he has suffered imprisonment, 1* * 2* * * for a further
period equal to that which, at the time of his escape, remained unexpired of his former sentence.
Explanation.__ For the purposes of this section__
3
* * * * * * *
(b) a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the
same description of imprisonment without solitary confinement; and
(c) a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment
with or without solitary confinement.
397. Sentence on offender already sentenced for another offence. When a person already undergoing
a sentence of imprisonment, 1* * 4[imprisonment for life], is sentenced to imprisonment, 1* 4[imprisonment
for life], such imprisonment, 1* * 4[imprisonment for life] shall commence at the expiration of the
imprisonment, 1* * 4[imprisonment for life], to which he has been previously sentenced, 5[unless the Court
directs that the subsequent sentence shall run concurrently with such previous sentence] :
6
* * * * * * *
[Provided, further, that where a person who has been sentenced to imprisonment by an order under
section 123 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment
for an offence committed prior to the making of such order, the latter sentence shall commence
immediately.]
7
398. Saving as to sections 396 and 397.(1) Nothing in section 396 or section 397 shall be held to
excuse any person from any part of the punishment to which he is liable upon his former or subsequent
conviction.
(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence
of imprisonment, or to a sentence of 8[imprisonment for life] 9* * *, and the person undergoing the sentence
is after its execution to undergo a further substantive sentence, or further substantive sentences, of
imprisonment, 10[or 8[imprisonment for life], effect shall not be given to the award of imprisonment in
default of payment of the fine until the person has undergone the further sentence or sentences.
1 The words “penal servitude” omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950), Sch.
2 The words “or transporation, as the case may be “omitted ibid.
3 Clause (a) omitted ibid.
4 Subs. ibid., for “or transportation”.
5 Ins. by Act 18 of 1923, s. 106.
6 Proviso omitted by Act 25 of 1974, s.2 and Sch.
7 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 106.
8 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and Sch., for “transporation” (W.e.f 13472).
9 The words “or penal servitude for an offence punishable with imprisonment” omitted by Act 18 of 1923, s. 106.
10 Subs. ibid., for “transportation or panel servitude.”,
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