PART I-GENERAL PROVISIONS

CHAPTER VI
PUNISHMENTS

24. Different kinds of punishment

The following punishments may be inflicted by a court :

(a) death ;
(b) imprisonment ;
(c) corporal punishment ;
(d) fine ;
(e) forfeiture ;
(f) payment of compensation ;
(g) finding security to keep the peace and be of good behaviour, or to come up for judgment ;
(h) deportation ;
(i) any other punishment provided by this Code or by any other law.
(As amended by No. 26 of 1933 and No.26 of 1940)

25. Sentence of death

(1) When any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck until he is dead.

(2) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the court that, at the time when the offence was committed, he was under the age of eighteen years ; but in lieu thereof the court shall sentence him to be detained during the President’s pleasure ; and when so sentenced he shall be liable to be detained in such place and under such conditions as the President may direct.

(3) When a person has been sentenced to be detained during the President’s pleasure under subsection (2), the presiding Judge shall forward to the President a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observations on the case as he may think fit to make.

(4) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section three hundred and six of the Criminal Procedure Code to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death. (As amended by No. 26 of 1940 and No. 28 of 1952)Cap. 88

26. Imprisonment

(1) All imprisonment shall be with or without hard labour in the discretion of the court, unless the imposition of imprisonment only without hard labour is expressly prescribed by law.

(2) A person liable to imprisonment for life or any other period may be sentenced for any shorter term.

(3) A person convicted of a felony, other than manslaughter, may be sentenced to pay a fine in addition to imprisonment :

Provided that, where such person is a corporation, the corporation may be sentenced to a fine instead of imprisonment.

(4) A person convicted of manslaughter or a misdemeanour may be sentenced to pay a fine in addition to or instead of imprisonment.
(As amended by No. 26 of 1933 and No. 76 of 1965)