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Report No. 39

21. Consideration of section 60.-

Now section 60 of the Indian Penal Code provides that "in every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous or that such imprisonment shall be wholly simple or that any part of such imprisonment shall be rigorous and the rest simple".

Since in the case of a conviction under section 302, the offender is punishable with imprisonment for life, and not with imprisonment which may be of either description (as, for instance, in the case of a conviction under section 304A), section 60 does not seem to us to be applicable. An argument might possibly be based on the definition of "imprisonment" in section 3(27) of the General Clauses Act, 1897, but it is doubtful whether in the context of section 53 or section 302 of the Indian Penal Code, that definition could apply.



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