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Report No. 39

7. Other provisions relating to transportation. -

Certain other provisions in the Indian Penal Code (as it stood before the Amending Act of 1955) relating to transportation require to be noticed. Section 55 provided that in every case in which a sentence of transportation for life had been passed, the Government of India or the Government of the place in which the offender had been sentenced may commute the punishment for imprisonment of either description for a term not exceeding 14 years.

Section 57 provided that in calculating fractions of terms of punishment, transportation for life should be reckoned as equivalent to transportation for 20 years. Under section 58, in every case in which a sentence of transportation was passed, the offender, until he was transported, was to be dealt with in the same manner as if sentenced to rigorous imprisonment and was held to have been undergoing his sentence of transportation during the term of such imprisonment.

Under section 59, in every case in which an offence was punishable with imprisonment for a term of 7 years or upwards, the Court could, instead of awarding the sentence of imprisonment, sentence the offender to transportation for a term not less than 7 years and not exceeding the term for which he was liable to imprisonment.



Punishment of Imprisonment for Life under the Indian Penal Code Back




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