Criminal Procedure Code 2010 · 2020 Revised Edition · Part 16 · Sentences
328. Limit on number of strokes
Feedback & supportDespite any provision of this Code or any other law to the contrary, where an accused is sentenced at the same sitting for 2 or more offences punishable by caning (called in this section the relevant offences), the aggregate sentence of caning imposed by the court in respect of the relevant offences must not exceed the specified limit.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
Subject to any other written law, where an accused would but for subsection (1) have been sentenced to an aggregate sentence of caning which exceeds the specified limit, the court may impose a term of imprisonment of not more than 12 months in lieu of all such strokes which exceed the specified limit.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
A court may impose a term of imprisonment under subsection (2) even though the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of the relevant offences.
A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306.
The power of a court to impose the additional term of imprisonment under subsection (2) does not apply in relation to any offence which is committed before 2 January 2011.
In this section, the specified limit is 24 strokes in the case of an adult and 10 strokes in the case of a juvenile.
juvenile
“juvenile” means a person who, in the absence of legal proof to the contrary, is 10 years of age or older but below 18 years of age in the opinion of the court;