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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 386-434
Section 429
Section 426- Sentence on escaped convict when to take effect

When a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.
When a sentence of imprisonment for a term is passed under this Code on an escaped convict, -

(a) If such sentence is severer in kind than the sentence, which such convict was undergoing when he escaped, the new sentence shall take effect immediately;

(b) If such sentence is not severer in kind than the sentence, which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that, which, at the time of his escape, remained unexpired of his former sentence.
For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.
     
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