Report No. 39
12. Amendment of 1955 abolishing transportation.-
This was the position when the Code of Criminal Procedure (Amendment) Act, 1955, was passed, formally abolishing the punishment of transportation mentioned in section 53 of the Indian Penal Code. Besides making textual amendments in all sections of both the Codes which referred to transportation, this Act inserted in the Indian Penal Code a new section 53A, in the following terms:-
"53A. (1) Subject to the provisions of sub-section (2) and sub-section (3), any reference to "transportation for life" in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to "imprisonment for life".
(2) In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 1955, the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.
(3) Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.
(4) Any reference to "transportation" in any other law for the time being in force shall-
(a) if the expression means transportation for life, be construed as a reference to imprisonment for life;
(b) it the expression means transportation for any shorter term, be deemed to have been omitted.".
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