115. Form of sentence of death.—In awarding a sentence of death, a Security Guard 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.
116. Commencement of sentence of imprisonment.—Whenever any person is sentenced by a
Security Guard 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 on which the original proceedings were signed by the
presiding officer, or in the case of a Summary Security Guard Court, by the Court:
Provided that the period of detention or confinement, if any undergone by an accused person, during
the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the
original proceedings were signed shall be set-off against the term of his sentence and the liability of such
person to undergo imprisonment shall be restricted to the remainder, if any of the term of his sentence.
117. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is
passed under this Act by a Security Guard Court or whenever any sentence of death is commuted to
imprisonment, the confirming officer, or in case of a Summary Security Guard 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 Commander 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 Security Guard Court, the appropriate officer under sub-section (1) may direct that the
sentence shall be carried out by confinement in Security Guard custody instead of in a civil prison.
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(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.
118. Temporary custody of offender.—Where a sentence of imprisonment is directed to be
undergone in a civil prison the offender may be kept in Security Guard custody or in any other fit place,
till such time as it is possible to send him to a civil prison.
119. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an
officer not below the rank of a 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
in Security Guard custody in accordance with the provisions of section 117, 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.
120. 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 a ship, aircraft, or otherwise, be subjected to
such restraint as is necessary for his safe conduct and removal.
121. 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 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.
122. Execution of sentence of fine.—When a sentence of fine is imposed by a Security Guard Court
under section 45, 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.
123. Informality or error in the 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 whereof such person was brought into, or, is
confined in any such place, and any such order, warrant or document may be amended accordingly.
124. Pardon and remission.—When any person subject to this Act has been convicted by a Security
Guard 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 a
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.
125. 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.
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(2) A person whose sentence of imprisonment is carried into effect under the provisions of
sub-section (1) shall undergo only the unexpired portion of his sentence.
126. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced
by a Security Guard Court to imprisonment, the Central Government, the Director-General or any officer
empowered to convene a General Security Guard Court may suspend the sentence whether or not the
offender has already been committed to prison or to Security Guard custody.
(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced,
direct that until the orders of such authority or officer have been obtained the offender shall not be
committed to prison or to Security Guard custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such
sentence which has been confirmed, reduced or commuted.
127. Orders pending suspension.—(1) Where the sentence referred to in section 126 is imposed by
a Security Guard Court, other than a Summary Security Guard Court, the confirming officer may, when
confirming the sentence, direct that the offender be not committed to prison or to Security Guard custody
until the orders of the authority or officer specified in section 126, have been obtained.
(2) Where a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer
holding the trial may make the direction referred to in sub-section (1).
128. Release on suspension.—Where a sentence is suspended under section 126, the offender shall
forthwith be released from custody.
129. 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.
130. Order after suspension.—The authority or officer specified in section 126 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.
131. 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 126, or by any officer not below the rank of a Deputy Inspector-General duly
authorised by the authority or officer specified in section 126.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of
the 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 126.
132. 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 sentences 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 also be committed to prison or Security Guard 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 130 or section 131 continue to be suspended.
133. Scope of power of suspension.—The powers conferred by sections 126 and 130 shall be in
addition to, and not in derogation of, the power of mitigation, remission and commutation.
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134. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence
the punishment of dismissal has been awarded by a Security Guard Court, and such other sentence is
suspended under section 126, then, such dismissal shall not take effect until so ordered by the authority or
officer specified in section 126.
(2) If such other sentence is remitted under section 130, the punishment of dismissal shall also be
remitted.