1. Subject to the provisions of sub-section (2) and sub-section (3), any reference to “transportation for life” in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to “imprisonment for life”.
  2. In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.
  3. Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.
  4. Any reference to “transportation” in any other law for the time being in force shall,—
    1. if the expression means transportation for life, be construed as a reference to imprisonment for life;
    2. if the expression means transportation for any shorter term, be deemed to have been omitted.

Comments:

A person sentenced to transportation for life, or any other term before the enactment of the impugned section, was to be treated as a person sentenced to rigorous imprisonment for life or for a lesser period as the case might be;

Case: Gopal Vinayak Godse vs State of Maharashtra, AIR 1961 SC 600

Explanations:

(1) Subject to sub section (2) and sub section  (3) ,‘Transportation for life’ in any law for time being under consideration or any instrument or order having effect if by virtue of any law or enactment is repealed then it  will be interpreted as ‘life imprisonment’.

 (2)  Whenever a sentence of transportation for a term has been passed before beginning of the Code of Criminal Procedure (Amendment) Act, [1955], (26 of 1955, then the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

(3) Any reference to short term transportation for the time being in consideration is deemed to have been omitted.

(4) Any reference to “transportation for life” in any other law would be interpreted as imprisonment for life and any reference to shorter term will be considered to have been removed.

Read Complete Indian Penal Code (IPC) in a Proper way

Free Download IPC Bare Act 1860 PDF eBook

Searched Keywords:

  • section 53a ipc explanation
  • section 53a of ipc in hindi
  • section 53 ipc
  • punishment ipc 53

Was this post helpful?

LEAVE A REPLY

Please enter your comment!
Please enter your name here