08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
“Oath”
51. The word "oath" includes a solemn affirmation substituted by law for an oath,
and any declaration required or authorized by law to be made before a public
servant or to be used for the purpose of proof, whether in a Court of Justice or
not.
“Good faith”
52. Nothing is said to be done or believed in "good faith" which is done or
believed without due care and attention.
“Harbour”
14[ 52A.
Except in section 157, and in section 130 in the case in which the
harbour is given by the wife or husband of the person harboured, the word
"harbour" includes the supplying a person with shelter, food, drink, money,
clothes, arms, ammunition or means of conveyance, or the assisting a person by
any means, whether of the same kind as those enumerated in this section or not,
to evade apprehension.]
CHAPTER III
OF PUNISHMENTS
Punishments
53. The punishments to which offenders are liable under the provisions of this
Code are,
Firstly, Death;
Secondly, 15[ Imprisonment for life];
Thirdly,[Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act
1949 (Act No. II of 1950].
Fourthly,Imprisonment, which is of two descriptions, namely:
(1) Rigorous, that is, with hard labour;
(2) Simple;
Fifthly, Forfeiture of property;
Sixthly, Fine.
16[ Explanation.In
the punishment of imprisonment for life, the imprisonment
shall be rigorous.]
Construction of
reference to
transportation
17[
53A.(1) Subject to the provisions of subsection (2), any reference to
“transportation for life” in any other law for the time being in force shall be
construed as a reference to “imprisonment for life”.
(2) Any reference to transportation for a term or to transportation for a shorter
term (by whatever named called) in any other law for the time being in force
shall be deemed to have been omitted.
(3) Any reference to “transportation” in any other law for the time being in force
shall
(a) if the expression means transportation for life, be construed as a reference to
imprisonment for life;
(b) if the expression means transportation for any shorter term, be deemed to
have been omitted.]
Commutation of
sentence of death
18[ the
54. In every case in which sentence of death shall have been passed,
Government] may, without the consent of the offender, commute the punishment
for any other punishment provided by this Code.
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