CrPC Section 426: When Does a Sentence on an Escaped Convict Take Effect?
This section outlines the rules governing when a sentence imposed on a convict who escaped from lawful custody comes into effect.
1. The Code
Section 426 of the Code of Criminal Procedure (CrPC) states:
When any person who has been convicted of an offence, and sentenced to imprisonment, escapes from lawful custody, the sentence shall, subject to the provisions of section 427, commence from the date of his apprehension or surrender.
2. Explanation
- Escape from lawful custody: This refers to any situation where a convicted person escapes from prison or any other place where they are legally confined.
- Sentence: The punishment imposed by the court, usually imprisonment.
- Commencement of sentence: The date from which the sentence starts to be served.
- Subject to the provisions of section 427: This indicates that the provisions of section 427, which deals with remission and suspension of sentence, may apply in certain situations.
3. Illustration
Imagine a person is convicted of theft and sentenced to 5 years of imprisonment. They escape from prison but are apprehended 2 years later. According to Section 426, their sentence will begin from the date of their apprehension. This means they will serve the remaining 3 years of their sentence.
4. Common Questions and Answers
Q: Does the time spent in escape count towards the sentence?
A: No, the time spent in escape does not count towards the sentence. The sentence commences only from the date of apprehension.
Q: What if the convict is never apprehended?
A: In such a case, the sentence may be considered to be suspended. Section 427 can be consulted for specific guidelines in these scenarios.
