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Section 47: Plurality of punishments under section 46.

The Prisons Act, 1894Central Act · Act 9 of 1894

[(1)] Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely :

(1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section ;

(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with [cellular] confinement ;

[(3) cellular confinement shall not he combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable ;]

(4) whipping shall not be combined with any other form of punishment except cellular [and] separate confinement and loss of privileges admissible under the remission system ;

[(5) no punishment will be combined with any other punishment in contravention of rules made by the [State Government]]

](2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence two of the punishment which may not be awarded in combination for any such offence.]

STATE AMENDMENTS

Assam.

Amendment of Section 47 of Act IX of 1894.--In sub-section (1) of section 47 of the Principal Act, clause (4) shall be omitted.

[Vide Assam Act 12 of 1956, s. 3.]

Orissa.

Amendment of section 47 (Act 9 of 1894).--In section 47 of the said Act, in clause (4) of sub-section (1) for the words "the remission system " the words "the remission or furlough system" shall be substituted.

[Vide the Orissa Act 29 of 1958, s. 4]

Maharashtra.

Amendment of section 47 of Act IX of 1894.--In section 47 of the said act, in clause (4) of subsection (1), for the words "the remission system " the words "the remission or furlough system " shall be substituted.

[Vide Bombay Act XXVII of 1953, s. 4]

Where this provision sits

ActThe Prisons Act, 1894
Section47
Marginal notePlurality of punishments under section 46.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • renumbered. . Section 47 re-numbered as sub-section (1) of section 47, by s. 3, ibid.
  • substituted. . Subs. by s. 3, ibid., for "solitary ".
  • substituted. . Subs. by s. 3, ibid., for exception (3).
  • substituted, Act 10 of 1914. . Subs. by Act 10 of 1914, s. 2 and the First Schedule, for "or ".
  • added, Act 17 of 1925. . Added by Act 17 of 1925, s. 3.
  • substituted. . Subs. by the A.O. 1937, for "G.G. in C. ".
  • added, Act 17 of 1925. . Added by Act 17 of 1925, s. 3.

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