Report No. 39

15. Views of the Joint Committee.-

In this connection, the views of the Joint Committee which reported on the Code of Criminal Procedure (Amendment) Bill, 1954, may be quoted1:-

"The Committee note that the expression "transportation for life" has not been defined nor explained in the Criminal Procedure Code. In the Indian Penal Code, in section 53, "transportation" has been prescribed as one form of punishment. But even in the Indian Penal Code the term has not been defined and there is nothing to show what is the duration of transportation for life. As a matter of fact, this expression has not been defined in any Act. Transportation may be either for life or for a shorter term. Therefore, the mere substitution of the expression "imprisonment for life" for "transportation for life" should not change the nature of punishment.

As a form of punishment, imprisonment for life must remain distinct from, rigorous or simple imprisonment. Where, however, a sentence for transportation for a term only has been passed before the commencement of this Act, the offender should be dealt with in the same manner as if he was sentenced to rigorous imprisonment for the same term and all references to transportation for a term should be omitted. The intentions of the Committee have been clarified by the insertion of a new section 53A in the Indian Penal Code."

1. Report of the Joint Committee, para. 8, under clause 2 of Bill.