Criminal Procedure Code 2010 · 2020 Revised Edition · Part 16 · Sentences
332. Procedure if punishment cannot be inflicted under section 331
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Where a sentence of caning is wholly or partially prevented from being carried out under section 331, the offender must be kept in custody until the court that passed the sentence can revise it.
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, that court may —
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
remit the sentence; or
sentence the offender instead of caning, or instead of as much of the sentence of caning as was not carried out, to imprisonment of not more than 12 months, which may be in addition to any other punishment to which the offender has been sentenced for the offence or offences in respect of which the court has imposed caning (called in this section the relevant offences).
A court may impose a term of imprisonment under subsection (2)(b) 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 those offences.
A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2)(b) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2)(b) 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)(b) does not apply in relation to any offence which is committed before 2 January 2011.