4. Crimes
Crimes are offences punishable by—
(a) penal servitude;
(b) a fine exceeding 5,000 rupees.
11. Penal servitude
The punishment of penal servitude is imposed for life or for a minimum term of
(1) 3 years.
(2) Where in any enactment the punishment of penal servitude is imposed without a term being specified, the maximum term for which the punishment may be imposed is 40 years.
12. Imprisonment
Where in any enactment the punishment of imprisonment is provided for an offence without a term being specified, the term for which imprisonment may be imposed may exceed 10 days but shall not exceed 10 years.
13. Recidivism
Where any person—
(a) commits a crime within the 10 years following his conviction for a crime;
(b) commits a misdemeanour within the 5 years following his conviction for a crime; or
(c) commits a misdemeanour within the 5 years following his condemnation to imprisonment for one year or more for a misdemeanour,
the Court, in passing sentence, shall take into consideration the previous conviction or condemnation, and may inflict a penalty exceeding by one third the maximum penalty fixed for such crime or misdemeanour.
43. Excuse and mitigation of penalty
No crime or misdemeanour can be excused nor the punishment mitigated, except in the cases and circumstances where the law declares the offence excusable, or permits the application of a less severe punishment.
258. Unlawful arrest, detention and sequestration
(1) Any person who, without any order from the constituted authorities, and except in cases where the law directs the arrest of accused parties, detains, or sequesters any person, shall be punished by penal servitude for a term not exceeding 20 years and by a fine not exceeding 100,000 rupees.
(2) Any person who knowingly lends a place for effecting such detention or sequestration, shall suffer the like punishment.
(3) (a) Notwithstanding sections 151 and 152 of the Criminal Procedure Act, where it is averred that the person sequestrated is a minor or a physically or mentally handicapped person, the person charged shall, on conviction, be liable to imprisonment for a term of not less than 2 years.
(b) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under paragraph (a).
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.