CrPC Section 418: Execution of Imprisonment Sentence

Section 418 of the Code of Criminal Procedure, 1973 deals with the execution of imprisonment sentences. It outlines the process by which a person convicted of an offense and sentenced to imprisonment is taken into custody and subjected to the sentence.

Explanation

This section states that a person convicted of an offense and sentenced to imprisonment must be taken into custody by the court that passed the judgment. The court will issue a warrant for the person’s arrest. If the person is already in custody for another offense, the court will inform the jail superintendent where the person is imprisoned.

The section further details that the sentence of imprisonment will be executed by the jail superintendent as per the orders of the court. The superintendent must keep a register of all persons who are imprisoned and their respective sentences. This section also highlights the importance of maintaining a record of the date on which each person was received in the jail, the date on which each person was released, and the reasons for any release.

Illustration

Suppose a person is found guilty of theft and sentenced to three years of imprisonment by a court. The court will issue a warrant for the person’s arrest. Once the person is apprehended, the court will inform the jail superintendent, and the person will be taken to the jail to serve their sentence. The jail superintendent will maintain a record of the person’s imprisonment, including the date of entry, the date of release, and the reasons for any release.

Common Questions and Answers

Q: What happens if a person fails to appear in court for sentencing after being convicted?

A: The court can issue a warrant for the person’s arrest and proceed to execute the sentence even in the person’s absence.

Q: What happens if a person is already in prison for another offense when a new sentence of imprisonment is passed?

A: The court will inform the jail superintendent, and the new sentence will be executed concurrently with the existing sentence, unless the court orders otherwise.

Q: Can a person be released from prison before the completion of their sentence?

A: Yes, under certain circumstances, a person can be released from prison before completing their sentence, such as on parole, probation, or due to a pardon or remission of sentence.