166. 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.
167. Commencement of sentence of transportation or imprisonment.—Whenever any person is
sentenced by a court-martial under this Act to transportation or imprisonment, 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 or, in the case of a summary court-martial, by the court.
168. Execution of sentence of transportation.—Whenever any sentence of transportation is passed
under this Act or whenever any sentence of death is 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 despatch to such prison with the warrant.
169. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is
passed under this Act by a court-martial or whenever any sentence of death or transportation is commuted
to imprisonment, the confirming officer or in case of a summary court-martial the officer holding the
Court 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 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
despatch to such prison with the warrant.
(3) In the case of a sentence of imprisonment for a period not exceeding three months and passed
under this Act by a court-martial, the appropriate officer under sub-section (1) may direct that the
sentence shall be carried out by confinement in military custody instead of in a civil or military prison.
(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.
2
[169A. Period of custody undergone by the officer or person to be set off against the
imprisonment.—When a person or officer subject to this Act is sentenced by a court-martial to a term of
imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil
or military custody during investigation, inquiry or trial of the same case, and before the date of order of
such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of
such person or officer to undergo imprisonment on such order of sentence shall be restricted to the
remainder, if any, of the term of imprisonment imposed upon him.]
170. 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 a military prison or in military
custody or in any other fit place, till such time as it is possible to send him to a civil prison.
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief ”.
2. Ins. by Act 37 of 1992, s.17.
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171. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an
officer commanding an army, army corps, division or independent brigade, any sentence or portion of a
sentence of imprisonment cannot for special reasons, conveniently be carried out in a military prison or in
military custody in accordance with the provisions of section 169 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.
172. 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.
173. Communication of certain orders to prison officers.—Whenever an order is duly made under
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a
civil or military prison, 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 in which such person is confined.
174. Execution of sentence of fine.—When a sentence of fine is imposed by a court-martial under
section 69 whether the trial was held within India or not, a copy of such sentence, signed and certified by
the confirming officer, or where no confirmation is required, by the officer holding the trial 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 1
[Code of Criminal Procedure, 1973(2 of 1974)], or any
corresponding law in force in 2
[the State of Jammu and Kashmir*] for the levy of fines as if it were a
sentence of fine imposed by such magistrate.
175. Establishment and regulation of military prisons.—The Central Government may set apart
any building or part of a building, or any place under its control, as a military prison for the confinement
of persons sentenced to imprisonment under this Act.
176. Informality or error in the order or warrant.—Whenever any person is sentenced to
transportation or imprisonment 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.
177. 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 military prisons;
(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 persons to earn,
by special industry and good conduct, a remission of a portion of their sentence;
(d) for the safe custody of prisoners and the maintenance of discipline among them and the
punishment, by personal correction, restraint or otherwise, of offences committed by prisoners;
(e) for the application to military prisons 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;
1. Subs. by Act 37 of 1992, s. 14, for “Code of Criminal Procedure, 1898 (5 of 1898)”.
2. Subs. by the Adaptation of Laws (No. 3) order, 1956, for “a Part B State”.
* 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.
44
(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.
178. Restriction of rule making power in regard to corporal punishment.—Rules made under
section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the
imprisonment more severe than it is under the law for the time being in force relating to civil prisons.