Execution of Sentences

Sub-section (2). Where a sentence of death is passed or confirmed by the High Court and the person applies for a certificate under Article 132 or Article 134(1)(c), the High Court shall order the execution postponed until that application is disposed of, or, if a certificate is granted, until the period for appealing on it has expired.

Sub-section (3). Where a sentence of death is passed or confirmed and the High Court is satisfied that he intends to present a petition for special leave under Article 136, it shall order the execution postponed for such period as it considers sufficient to enable him to present it.

Section 456. If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.

Sections 457 to 460: imprisonment

Section 457(1). Except as otherwise provided by law, the State Government may direct in what place any person liable to be imprisoned or committed to custody shall be confined.

Sub-section (2). If such a person is in confinement in a civil jail, the Court ordering the imprisonment may direct his removal to a criminal jail.

Sub-section (3). On release from the criminal jail he shall be sent back to the civil jail, unless either: (a) three years have elapsed since his removal, in which case he is deemed released from the civil jail under section 58 of the Code of Civil Procedure, 1908; or (b) the Court which ordered his civil imprisonment has certified to the officer in charge that he is entitled to be released under that section.

Section 458(1). Where the accused is sentenced to imprisonment for life or for a term, in cases other than those in section 453, the Court shall forthwith forward a warrant to the jail or other place in which he is or is to be confined, and, unless he is already confined there, shall forward him with the warrant.

Proviso: where the sentence is imprisonment till the rising of the Court, no warrant need be prepared or forwarded, and he may be confined in such place as the Court directs.

Sub-section (2). Where the accused is not present in Court when sentenced, the Court shall issue a warrant for his arrest to forward him to the jail; and the sentence shall commence on the date of his arrest.

Section 459. Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place where the prisoner is or is to be confined.

Section 460. Where the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

Sections 461 to 464: levy of fine

Section 461(1), the two routes. Where an offender sentenced to pay a fine has not paid, the Court may take action in either or both of the following ways:

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.

Proviso, and this is the part to know. If the sentence directs imprisonment in default and the offender has undergone the whole of that imprisonment, no Court shall issue such a warrant unless:

• for special reasons to be recorded in writing it considers it necessary; or
• it has made an order for the payment of expenses or compensation out of the fine under section 395.

Sub-section (2). The State Government may make rules for the execution of clause (a) warrants and for the summary determination of claims by persons other than the offender to attached property.

Sub-section (3). On a Collector's warrant, he realises the amount as arrears of land revenue, as if the warrant were a certificate under that law. Proviso: no such warrant shall be executed by the arrest or detention in prison of the offender.

Section 462. A warrant under section 461(1)(a) may be executed within the local jurisdiction of the Court, and authorises attachment and sale of property outside that jurisdiction when endorsed by the District Magistrate within whose local jurisdiction the property is found.

Section 463. Where a Criminal Court in a territory to which the Sanhita does not extend sentences an offender to a fine and issues a warrant to a Collector in the territories to which it does extend, that warrant is deemed to be a warrant under section 461(1)(b) and section 461(3) applies.

Section 464, time to pay.

Sub-section (1). Where an offender is sentenced to fine only and to imprisonment in default, and the fine is not paid forthwith, the Court may:

(a) order the fine payable in full on or before a date not more than thirty days from the order, or in two or three instalments, the first within thirty days and the others at intervals of not more than thirty days; (b) suspend the execution of the sentence of imprisonment and release him on a bond or bail bond conditioned for his appearance on the dates of payment; and if the amount is not realised by the latest date, the Court may direct the sentence of imprisonment to be carried into execution at once.

Sub-section (2). The same applies where an order for payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and if the person, on being required to enter into such a bond, fails to do so, the Court may at once pass sentence of imprisonment.

Sections 465 to 471: general provisions

Section 465. Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.

Section 466, the escaped convict.

Sub-section (1). A sentence of death, imprisonment for life or fine passed on an escaped convict takes effect immediately.

Sub-section (2). A sentence of imprisonment for a term on an escaped convict: (a) if severer in kind than the sentence he was undergoing when he escaped, takes effect immediately; (b) if not severer in kind, takes effect after he has suffered imprisonment for a further period equal to what remained unexpired of his former sentence at the time of his escape.

Sub-section (3). Rigorous imprisonment is deemed severer in kind than simple imprisonment.

Section 467, successive sentences.

Sub-section (1). Where a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, that sentence shall commence at the expiration of the previous imprisonment, unless the Court directs that it run concurrently.

Proviso: where a person sentenced to imprisonment under section 141 in default of furnishing security is, while undergoing it, sentenced for an offence committed before that order, the latter sentence shall commence immediately.

Sub-section (2). Where a person already undergoing imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or for life, the subsequent sentence shall run concurrently.

Section 468, the set-off. Where an accused has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention undergone by him during the investigation, inquiry or trial of the same case and before the date of conviction shall be set off against the term, and his liability shall be restricted to the remainder, if any.

Proviso: in cases referred to in section 475, that period shall be set off against the period of fourteen years referred to in that section.

Section 469, saving.

Sub-section (1). Nothing in section 466 or 467 excuses any person from any part of the punishment to which he is liable on his former or subsequent conviction.

Sub-section (2). Where default imprisonment is annexed to a substantive sentence and the person is, after its execution, to undergo further substantive sentences, effect shall not be given to the default imprisonment until he has undergone the further sentences.

Section 470. When a sentence has been fully executed, the officer executing it shall return the warrant to the Court which issued it, with an endorsement under his hand certifying the manner of execution.

Section 471. Any money other than a fine payable under any order made under the Sanhita, whose method of recovery is not otherwise expressly provided, shall be recoverable as if it were a fine. Proviso: in its application to an order under section 400, the proviso to section 461(1) reads as if, after "under section 395", the words "or an order for payment of costs under section 400" had been inserted.

A worked example

Ganesh is convicted and sentenced to three years. He was arrested at the start of the investigation and never got bail; he has been in custody for one year and two months.

How long must he serve? Section 468 sets off the period of detention during the investigation, inquiry or trial of the same case before conviction, and restricts his liability to the remainder: one year and ten months.

Suppose part of that detention was default imprisonment for an unpaid fine. Section 468 does not apply to imprisonment in default of payment of fine.

Ganesh was not in Court when sentenced. The Court issues a warrant for his arrest to forward him to jail, and the sentence commences on the date of his arrest, section 458(2).

The warrant. It is directed to the officer in charge of the jail, section 459, and lodged with the jailor, section 460; it may be issued by the sentencing Judge or his successor-in-office, section 465.

Ganesh was already serving two years for another offence. The new sentence commences at the expiration of that one, unless the Court directs concurrence, section 467(1). Had he been serving imprisonment for life, the new sentence would run concurrently by force of section 467(2).

Now a fine. Hemant is fined and does not pay. The Court may attach and sell his movable property, or send a warrant to the Collector to realise it as arrears of land revenue, or both, section 461(1). The Collector's route can never be executed by arresting him, proviso to sub-section (3). The attachment warrant reaches property outside the Court's jurisdiction only when endorsed by the District Magistrate where the property is, section 462.

Hemant has already served the whole default imprisonment. Then no warrant may issue unless the Court records special reasons in writing, or has ordered expenses or compensation out of the fine under section 395, proviso to section 461(1).

He asks for time. The Court may allow payment within thirty days or in two or three instalments, and may suspend the default imprisonment and release him on a bond to appear on the payment dates; if he does not pay by the last date, the imprisonment may be carried into execution at once, section 464.

Now a death sentence. Where the Court of Session passed it, the sentence is executed on the High Court's order of confirmation, section 453; where the High Court passed it in appeal or revision, the Court of Session issues the warrant, section 454. Execution is postponed while a Supreme Court appeal, a certificate application or a special leave petition is in prospect, section 455.

The convict is a pregnant woman. The High Court shall commute the sentence to imprisonment for life, section 456.

A convict escapes and is sentenced afresh to rigorous imprisonment while he had been serving simple imprisonment. The new sentence takes effect immediately, because rigorous is deemed severer in kind, section 466(2)(a) and (3). Had it been the same kind, it would take effect only after he served the unexpired part of the former sentence, clause (b).

Finally, when the sentence has been fully executed, the officer returns the warrant with an endorsement certifying how it was executed, section 470.

Distinctions

What this does NOT mean

A death sentence is not executed as soon as it is confirmed. Section 455 requires postponement while an appeal, a certificate application, or a special leave petition to the Supreme Court is open.

Section 456 is not a postponement. The High Court shall commute the sentence of a pregnant woman to imprisonment for life.

The Collector's warrant does not reach the person. The proviso to section 461(3) forbids its execution by arrest or detention in prison.

Serving the default imprisonment does not always end the fine. The Court may still issue a warrant for special reasons recorded in writing, or where an order for expenses or compensation under section 395 has been made.

Concurrence is not the default. Except where the man is already serving life, a later sentence runs after the earlier one unless the Court directs otherwise.

And the set-off is not a discretion. Section 468 says the detention shall be set off, and the liability shall be restricted to the remainder.

Quick revision

• 453 to 456: the Court of Session executes a confirmed death sentence and one passed by the High Court in appeal or revision; execution postponed pending a Supreme Court appeal under Article 134(1)(a) or (b), a certificate under Article 132 or 134(1)(c), or a special leave petition under Article 136; a pregnant woman's death sentence SHALL be commuted to life.
• 457 to 460: the State Government appoints the place of confinement; a civil prisoner may be moved to a criminal jail and is sent back unless three years pass or the civil Court certifies; the Court forwards a warrant to the jail, or, for imprisonment till the rising of the Court, none; an absent accused is arrested and the sentence runs from the arrest; the warrant goes to the officer in charge and is lodged with the jailor.
• 461 to 464: fine recovered by attachment and sale, or by the Collector as land revenue, or both, but never by arrest on the Collector's warrant; no warrant after the whole default imprisonment except for special reasons in writing or where section 395 compensation was ordered; an attachment warrant reaches outside property on the District Magistrate's endorsement; thirty day payment or two or three instalments, with the default sentence suspended on a bond.
• 465 to 471: the warrant issues from the sentencing Judge or his successor; escaped convicts under s.466; consecutive unless directed otherwise, but concurrent where life is already being served, s.467; the set-off in s.468, and against the fourteen years in section 475; no part of the punishment excused, and default imprisonment waits for further substantive sentences; the warrant is returned with an endorsement; other money is recoverable as a fine, with section 400 costs written into the section 461 proviso.

Test yourself

1. What happens to a woman sentenced to death who is found to be pregnant? The High Court shall commute the sentence to imprisonment for life, section 456.

2. When does a sentence commence where the accused was absent at sentencing? On the date of his arrest under the warrant issued for the purpose of forwarding him to jail, section 458(2).

3. In what two ways may an unpaid fine be recovered? By a warrant for the levy of the amount by attachment and sale of the offender's movable property, or by a warrant to the Collector to realise it as arrears of land revenue from movable or immovable property or both; the Court may use either or both, section 461(1).

4. Can the Collector arrest the offender to recover the fine? No. The proviso to section 461(3) forbids the execution of such a warrant by the arrest or detention in prison of the offender.

5. Does a later sentence run concurrently with an earlier one? Not ordinarily; it commences at the expiration of the previous imprisonment unless the Court directs concurrence, section 467(1). But where the person is already undergoing imprisonment for life, the subsequent sentence runs concurrently, section 467(2).

6. What is the set-off under section 468? The period of detention undergone during the investigation, inquiry or trial of the same case, before the date of conviction, is set off against the term of imprisonment imposed, and the liability is restricted to the remainder; it does not apply to imprisonment in default of payment of fine.

7. When does a sentence on an escaped convict take effect? Immediately, if it is death, imprisonment for life or fine, or if it is a term severer in kind than the sentence he was undergoing; otherwise after he has served a further period equal to the unexpired part of the former sentence, section 466.