Law: Criminal Procedure Code (V of 1898)

Section: 401

(a) Criminal Procedure Code (V of 1898)-- S. 401 read with Punjab Government Notification No. 14(2)-, O.-Pre-11, (HD)/70, dated 5-I-1972-Remission of sentence-Conditions of eligibility to avail of remission under notification Different from those as mentioned in relevant provisions of Jail Manual-Notification hence to be examined independently of provisions of Jail Manual.-[Sentence-Notification-Jail manual]. (b) Criminal Procedure Code (V of 1898)- S. 401 read with Punjab Government Notification No. 14(2)-S. O.Pre-II (HD)/70, dated 5-1-1972-Language of cls. (b) & (c) of notification purposely used differently from that of cl. (a) of notification-Purpose: to enable prisoners not in custody at time of enforcement of notification to take benefit of notification.[Notification-Interpretation of statutes]. (c) Criminal Procedure Code (V of 1898)- .-- S. 401 read with Punjab Government Notification No. 14(2)-S. O. Pre.-II (HD)/70 dated 5-1-1972-Words "under sentence" as used in cls. (b) & (c) of para. 4 of notification-Show its being applicable to -only persons found guilty and sentenced but not surrendering themselves or taken into custody at time of award of sentence.[Notification-Words and phrases] Po Kun v. The King A I R 1939 Rang. 124 and Sohan Singh Nand Singh v. The State A I R 1965 Pb. 156 fol. (d) Criminal Procedure Code (V of 1898)- -- S. 401 read with Punjab Government Notification No. 14(2)-S. O. Pre-II (HD)/70, dated 5-1-1972-Remission of sentence-Petitioners not in custody at time of passing sentence of 10 years' R. I. nor under. going sentence of imprisonment on date of issue of notification Petitioners nevertheless under sentence of imprisonment till they actually surrendered or taken into custody and became prisoners--Petitioners, had they not been in prison, notification could not be applicable to them but having been in prison after being under sentence of imprisonment entitled to take benefit of cl. (c) of para. 4 of notification providing remission of two months per year of sentence imposed.-[Sentence]. In the present case, the petitioners were not in custody at the time when -the sentence of 10 years R. I. each was awarded to them. They…

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