The Handout Notes for BA-LLB student.

Saturday, August 10, 2013

Term of imprisonment solitary confinement

TERM OF IMPRISONMENT SOLITARY CONFINEMENT

Not exceeding six months 
a time not exceeding one month

exceeding 6 months but not exceeding one month
time not exceeding two months

Exceeding one year
ime not exceeding three months
It is clear from the above that a sentence inflicting solitary confinement for the whole term of imprisonment is illegal. It must bear only a portion of the term of imprisonment.

 Section 74 of the code further limits the solitary confinement by providing that in executing a sentence of solitary confinement , such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

Solitary confinement as a ruleis not ordered unless there are special features appearing in the commission of the offence.

Use and criticism

Those who accept the practice consider it necessary for prisoners who are considered dangerous to other people ("the most predatory" prisoners), those who might be capable of leading crime groups even from within, or those who are kept 'incommunicado' for purported reasons of national security. Finally, it may be used for prisoners who are at high risk of being attacked by other inmates, such as pedophiles, celebrities, or witnesses who are in prison themselves. This latter form of solitary confinement is sometimes referred to as protective custody.

Counterfeiting

 A person is said to counterfeit who:

 (i) Causes one thing to resemble another thing.

 (ii) Intending by means of that resemblance to practice deception, or

 (iii) Knowing it to be likely that deception will thereby be practiced.
Explanation

(1) It is not essential to counterfeiting that the imitation should be exact.

 (2) When a person cause one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practiced.

 (S. 28)

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