163. Form of sentence of death.—In awarding a sentence of death, a court-martial shall, in its
discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall
suffer death by being shot to death.
164. Commencement of sentence of transportation or imprisonment.—Whenever any person is
sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his
sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the
original proceedings were signed by the presiding officer.
165. Execution of sentence of transportation.—Whenever any sentence of transportation is passed
under this Act or whenever any sentence of death be commuted to transportation, the commanding officer
of the person under sentence or such other officer as may be prescribed shall forward a warrant in the
prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall
arrange for his dispatch to such prison with the warrant.
166. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is
passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment,
the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in
sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or
air force prison or that it shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1) the commanding officer of the person
under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form
to the officer in charge of the prison in which such person is to be confined and shall arrange for his
dispatch to such prison with the warrant.
(3) In the case of a sentence of imprisonment for a period not exceeding three months, the officers
referred to in sub-section (1) may direct that the sentence shall be carried out by confinement in air force
custody instead of in a civil or military or air force prison.
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955).
48
(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as
the officer commanding the forces in the field may from time to time appoint.
167. Temporary custody of offender.—Where a sentence of transportation or imprisonment is
directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in
any other fit place, till such time as it is possible to send him to a civil prison.
168. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an air
or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for
special reasons, conveniently be carried out in a military or air force prison or in air force custody in
accordance with the provisions of section 166 such officer may direct that such sentence or portion of
sentence shall be carried out by confinement in any civil prison or other fit place.
169. Conveyance of prisoner from place to place.—A person under sentence of transportation or
imprisonment may, during his conveyance from place to place, or when on board ship, aircraft, or
otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.
170. Execution of sentence of detention.—Whenever any sentence of detention is passed under this
Act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the
sentence shall be carried out by detaining the offender in any military or air force detention barracks,
detention cells or other military or air force custody; and when the sentence is to be carried out by
detention in any military or air force detention barracks, the commanding officer of the person under
sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the
officer in charge of the detention barracks in which the person under sentence is to be detained and shall
forward the person under sentence to such detention barracks with the warrant.
171. Communication of certain orders to prison officers.—Whenever an order if duly made under
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a
civil, military or air force prison or detained in a military or air force detention barracks, a warrant in
accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such
other person as may be prescribed, to the officer in charge of the prison or detention barracks in which
such person is confined.
172. Execution of sentence of fine.—When a sentence of fine is imposed by a court-martial under
section 71 whether the trial was held within India or not, a copy of such sentence, signed and certified by
the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause
the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure,
1898 (5 of 1898), or any corresponding law in force in 1
[the State of Jammu and Kashmir*], for the levy
of fines as if were a sentence of fine imposed by such Magistrate.
1. Subs by the A.O.(No. 3), 1956, for “a Part B State” (w.e.f. 7-5-1955)
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
49
173. Establishment and regulation of air force prisons.—The Central Government may set apart
any building or part of a building, or any place under its control, as an air force prison or detention
barracks for the confinement of persons sentenced to imprisonment or detention under this Act.
174. Informality or error in the order or warrants.—Whenever a person is sentenced to
transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or
manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the
confinement of such person shall not be deemed to be illegal only by reason of any informality or error in
or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof
such person was brought into or is confined in any such place, and any such order, warrant or document
may be amended accordingly.
175. Power to make rules in respect of prisons and prisoners.—The Central Government may
make rules providing.—(a) for the government, management and regulation of air force prisons and
detention barracks;
(b) for the appointment, removal and powers of inspectors, visitors, governors and officers
thereof;
(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or
persons to earn by special industry and good conduct, a remission of a portion of their sentence;
(d) for the safe custody of such prisoners or persons and the maintenance of discipline among
them and the punishment, by personal correction, restraint or otherwise, of offences committed by
them;
(e) for the application to air force prisons or detention barracks of any of the provisions of the
Prisons Act, 1894 (9 of 1894), relating to the duties of officers of prisons and the punishment of
persons not being prisoners;
(f) for the admission into any prison, at proper times and subject to proper restrictions, of persons
with whom prisoners may desire to communicate, and for the consultation by prisoners under trial
with their legal advisers without the presence as far as possible of any third party within hearing
distance.
176. Restriction of rule-making power in respect to corporal punishment.—Rules made under
section 175 shall not authorise corporal punishment to be inflicted for any offence, nor render the
imprisonment more severe than it is under any law for the time being in force relating to civil prisons in
India.