Who may issue warrant, Sentence on escaped convict when to take effect and Sentence on offender already sentenced for another offence are defined under Section 425, 426 and 427 of CRPC 1973. Provisions under these sections are:
Section 425 of CRPC "Who may issue warrant"
Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-charge.
Section 426 of CRPC "Sentence on escaped convict when to take effect"
(1) When a sentence of death, imprisonment for life or
fine is passed under this Code on an escaped convict, such
sentence shall, subject to the provisions hereinbefore
contained, take effect immediately.
(2) When a sentence of imprisonment for a term is passed
under this Code on an escaped convict-
(a) if such sentence is severer in kind than the sentence
which such convict was undergoing when he escaped, the new
sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the
sentence which such convict was undergoing when he escaped,
the new sentence shall take effect after he has suffered
imprisonment for a further period equal to that which, at
the time of his escape, remained unexpired of his former
sentence.
(3) For the purposes of sub-section (2), a sentence of
rigorous imprisonment shall be deemed to be severer in kind
than a sentence of simple imprisonment.
Section 427 of CRPC "Sentence on offender already sentenced for another offence"
(1) When a person already undergoing a sentence on a
subsequent conviction to imprisonment or imprisonment for
life, such imprisonment or imprisonment for life shall
commence at the expiration of the imprisonment to which he
has been previously sentenced, unless the Court directs that
the subsequent sentence shall run concurrently with such
previous sentence:
Provided that where a person who has been sentenced to
imprisonment by an order under Section 122 in default of
furnishing security is, whilst undergoing such sentence,
sentenced to imprisonment for an offence committed prior to
the making of such order, the latter sentence shall commence
immediately.
(2) When a person already undergoing a sentence of
imprisonment for life is sentenced on a subsequent
conviction to imprisonment for a term or imprisonment for
life, subsequent sentence shall run concurrently with such
previous sentence.
STATE AMENDMENT
Tamilnadu :-- Insert the following sub-section after sub-
section (I):--
"(IA) Notwithstanding anything contained in sub-section (1),
when a person already undergoing a sentence of imprisonment
is sentenced on a subsequent conviction to imprisonment
under sub-section (2) of Section 380 of the Indian Penal
Code (Central Act XLV of 1860), for an offence of theft of
any idol or icon in any building used as a place of worship,
such imprisonment shall commence at the expiration of the
imprisonment to which he has been previously sentenced" -
T.N. Act 28 of 1993.
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Levy of fine
General provisions regarding execution
Suspension, remission and commutation of sentences