141. Form of sentence of death.—In awarding a sentence of death, an Assam Rifles Court 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.
142. Commencement of sentence of imprisonment.—Whenever any person is sentenced by an
Assam Rifles Court under this Act to imprisonment, the term of his sentence shall, whether it has been
revised or not, be reckoned to commence on the day in which the original proceedings were signed by the
presiding officer, or in the case of a Summary Assam Rifles Court, by the Court:
Provided that when a person subject to this Act is sentenced by an Assam Rifles Court to a term of
imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil
or Force custody during investigation, inquiry or trial of the same case, and before the date of order, 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.
143. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is
passed under this Act by an Assam Rifles Court or whenever any sentence of death is commuted to
imprisonment, the confirming officer or in case of a Summary Assam Rifles Court, 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 that the sentence shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1), the Commandant 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 an Assam Rifles Court the appropriate officer under sub-section (1) may direct that the
sentence shall be carried out by confinement in force custody instead of in a civil prison.
(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as
the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed
officer may from time to time appoint.
144. Temporary custody of offender.—Where a sentence of imprisonment is directed to be
undergone in a civil prison, the offender may be kept in Force custody or in any other fit place till such
time as it is possible to send him to a civil prison.
145. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an
officer not below the rank of Deputy Inspector-General within whose command the trial is held, any
sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out
36
in Force custody in accordance with the provisions of section 143, 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.
146. Conveyance of prisoner from place to place.—A person under sentence of 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.
147. Communication of certain orders to prison officers.—When 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
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.
148. Execution of sentence of fine.—When a sentence of fine is imposed by an Assam Rifles Court
under section 55, 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 Code of
Criminal Procedure, 1973 (2 of 1974) as if it were a sentence of fine imposed by such Magistrate.
149. Informality or error in order or warrant.—Whenever any person is sentenced to
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 informality or error in, or as respects the order, warrant or
other document, or the authority by which, or in pursuance where of such person was brought into, or is
confined in any such place, and any such order, warrant or document may be amended accordingly.
150. Pardon and remission.—When any person subject to this Act has been convicted by an Assam
Rifles Court of any offence, the Central Government or the Director-General, or in the case of a sentence
which he could have confirmed or which did not require confirmation, an officer not below the rank of
Deputy Inspector-General within whose command such person at the time of conviction was serving or
the prescribed officer may,—
(a) either with or without conditions which the person sentenced accepts, pardon the person or
remit the whole or any part of the punishment awarded; or
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mentioned in this Act; or
(d) either with or without conditions which the person sentenced accepts, release the person on
parole.
151. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on
which a person has been pardoned or released on parole or a punishment has been remitted is, in the
opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may
cancel the pardon, release or remission, and thereupon the sentence of the Court shall be carried into
effect as if such pardon, release or remission had not been granted.
(2) A person whose sentence of imprisonment is carried into effect under the provisions of subsection (1) shall undergo only the unexpired portion of his sentence.
152. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced
by an Assam Rifles Court to imprisonment, the Central Government, the Director-General or any officer
empowered to convene a General Assam Rifles Court may suspend the sentence whether or not the
offender has already been committed to prison or to Force custody.
(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced
direct that until the order of such authority or officer have been obtained, the offender shall not be
committed to prison or to Force custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such
sentence with has been confirmed, reduced or commuted.
37
153. Orders pending suspension.—(1) Where sentence referred to in section 152 is imposed by an
Assam Rifles Court other than Summary Assam Rifles Court, the confirming officer may, when
confirming the sentence, direct that the offender be not committed to prison or to Force custody until the
orders of the authority or officer specified in section 152 have been obtained.
(2) Where a sentence of imprisonment is imposed by a Summary Assam Rifles Court, the officer
holding the trial or the officer authorised to approve the sentence under sub-section (2) of section 136
may make the direction referred to in sub-section (1).
154. Release on suspension.—Where a sentence is suspended under section 152 the offender shall
forthwith be released from custody.
155. Computation of period of suspension.—Any period during which the sentence is under
suspension shall be reckoned as part of the term of such sentence.
156. Order after suspension.—The authority or officer specified in section 152 may, at any time
while a sentence is suspended, order—
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
(b) that the sentence be remitted.
157. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or
officer specified in section 152 or by any officer not below the rank of a Deputy Inspector-General duly
authorised by the authority or officer specified in section 152.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of
offender since his conviction has been such as to justify a remission of the sentence, he shall refer the
matter to the authority or officer specified in section 150.
158. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended
under this Act, is sentenced for any other offence, then,—
(a) if the further sentence is also suspended under this Act, the two sentence shall run
concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this
Act, the offender shall be so committed to prison or to Force custody for the unexpired portion of the
previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject
to any order which may be passed under section 156 or section 157, continue to be suspended.
159. Scope of power of suspension.—The powers conferred by sections 152 and 156 shall be in
addition to, and not in derogation of the power of mitigation, remission and commutation.
160. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence
the punishment of dismissal or removal has been awarded by an Assam Rifles Court, and such sentence is
suspended under section 152, then, such dismissal or removal shall not take effect until so ordered by the
authority or officer specified in section 152.
(2) If such other sentence is remitted under section 156, the punishment of dismissal or removal shall
also be remitted.