BOOK I
GENERAL PROVISIONS
TITLE viii
LAW AS TO PUNISHMENTS
Alternative Discretionary Powers as to Punishments
125. Increase of punishment on repetition of offence.
(1) Where a person, having been convicted of an offence is again convicted, he shall be liable to increased punishment in the cases and manner provided in Part I. of the table annexed to this section and the notes thereto:
Provided that —
(a) a previous conviction shall not be admitted in evidence against a person for the purpose of increasing his punishment, except within the period specified in Part II. of the said table after the expiration of execution of the sentence passed upon that previous conviction, or of any sentence into which that sentence has been commuted;
(b) nothing in this section, or in the said table, shall exempt a person from any liability to which he may be subject under this Code to death or to any greater or other penalty than the punishment mentioned in the said table, and any other different penalty to which he is liable under this Code may be inflicted in addition to the punish-ments mentioned in the said table; and
(c) nothing in this section or in the said table shall apply to libel, or to any act which is an offence on the ground of negligence.
(2) A certificate containing the substance and effect only (omitting the formal parts) of the complaint and conviction for the previous offence, purporting to be signed by the clerk of the court or other officer having the custody of the record of the court where the offender was previously convicted shall, upon proof of the identity of the person of the offender, be sufficient evidence of such previous conviction, without proof of the signature or official character of the person appearing to have signed the same.
(3) Any sentence of imprisonment imposed under this section may include a direction that the offender be kept in solitary confinement.
(4) A conviction of a person for an offence committed by him before attaining the age of eighteen years shall not be admitted in evidence against him for the purpose of increasing his punishment after he has attained the age of twenty years.
(5) For the avoidance of doubt nothing in paragraph (a) of the proviso to subsection (1) or in the table in this section shall prevent a court from imposing any minimum term of imprisonment prescribed by this Code for a second or subsequent conviction for an offence under Title xix and subject to the foregoing any increased punishment authorised to be imposed under this section shall for the purposes of Part I of the table be in addition to the maximum term of imprisonment liable to be imposed for such an offence.
BOOK I
GENERAL PROVISIONS
TITLE viii
LAW AS TO PUNISHMENTS
Alternative Discretionary Powers as to Punishments
126. Persons twice convicted may be subjected to police supervision.
When any person, having been convicted of any offence punishable with imprisonment for a period of three years or upwards, is again convicted of any offence punishable with imprisonment for a period of three years or upwards, the court may, if it thinks fit, at the time of passing sentence of imprisonment on such person, also order that he shall be subject to police supervision as hereinafter provided for a period not exceeding five years from the date of the expiration of such sentence .
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.