Criminal Procedure Code
155
(2) If, during the execution of a sentence of whipping, a Medical
Officer certifies that the offender is not in a fit state of health
to undergo the remainder of the sentence the whipping shall be
finally stopped.
(3) Where whipping is inflicted under section 293 a Medical
Officer need not be present, but such whipping shall not be
inflicted unless it appears to the Court that the offender is in a
fit state of health to undergo the same.
Procedure if whipping cannot be inflicted
291. (1) In any case in which under section 290 a sentence of
whipping is wholly or partially prevented from being executed the
offender shall be kept in custody till the Court which passed the
sentence can revise it, and the said Court may in its discretion
either remit the sentence or sentence the offender instead of
whipping, or instead of so much of the sentence of whipping as
was not executed, to imprisonment for a term which may extend
to twenty-four months, which may be in addition to any other
punishment to which he has been sentenced for the same offence.
(2) Nothing in this section shall be deemed to authorize any
Court to inflict imprisonment for a term exceeding that to which
the accused is liable by law or which the said Court is competent
to inflict.
Commencement of sentence of imprisonment on prisoner
already undergoing imprisonment
292. (1) When a person who is an escaped convict or is undergoing
a sentence of imprisonment is sentenced to imprisonment, such
imprisonment shall commence either immediately or at the
expiration of the imprisonment to which he has been previously
sentenced, as the Court awarding the sentence may direct.
(2) A sentence of death shall be executed notwithstanding the
pendency of any sentence of imprisonment.
(3) Nothing in subsection (1) shall be held to excuse any person
from any part of the punishment to which he is liable upon his
former or subsequent conviction.
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