EXECUTION OF SENTENCES
Form of sentence of death
163. In awarding a sentence of death a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.
Commencement of sentence of imprisonment or detention
164. Whenever any person is sentenced under this Act to imprisonment, or detention, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the president.
Execution of sentence of imprisonment
165. Whenever any sentence of imprisonment is passed under this Act, or whenever any sentence so passed is commuted to imprisonment, the confirming officer or such officer as may be prescribed in this behalf, may direct either that the sentence shall be carried out by confinement in a civil prison or by confinement in a Military or Air Force prison, and the commanding officer of the person under sentence or such other officer as may be prescribed, shall forward a warrant in the prescribed form to the officer in charge of the prison in which the person under sentence is to be confined, and shall forward him to such prison with the warrant:
Provided that in the case of a sentence of imprisonment for a period not exceeding three months, in lieu of a direction that the sentence shall be carried out by confinement in a Civil, Military or Air Force prison, a direction may be made that the sentence shall be carried out by confinement in Air Force custody:
Provided further that on active service a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint.
Execution of sentence of imprisonment in special cases
166. Whenever, in the opinion of the Chief of Air Staff or an Air or other Officer Commanding a group any sentence or portion of a sentence of imprisonment cannot, for special reasons, conveniently be carried out in accordance with the provisions of section 165, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.
Execution of sentence of detention
167. When any sentence of detention is passed under this Act, or when any sentence so passed is commuted to detention, the punishment shall he carried out by detaining the offender in any Military or Air Force detention barracks, detention cells or other Military or Air Force custody, and when the sentence is to be carried out by detention in any Military or Air Force detention barracks, the commanding officer of the person under sentence, or such other officer as may be prescribed, shall forward the person under sentence, together with a warrant in the prescribed form, to the officer in charge of the said detention barracks.
Interim custody of persons under sentence of death, imprisonment or detention
168. (1) When a person is sentenced by court-martial to suffer death and the sentence has been confirmed, the commanding officer of such person, or such officer as may be prescribed may, if he thinks fit, by warrant in the prescribed form, commit the said person for safe custody in a civil prison pending the execution of the sentence, and may similarly, by warrant in the prescribed form direct that the person so committed be re-delivered into Air Force custody, or that he be released or confined in accordance with any order duly made under this Act setting aside or varying the sentence of death.
Any such warrant shall be sufficient authority for the execution of the orders contained therein.
(2) A person sentenced under this Act to imprisonment or detention may, until he reaches the prison or detention barracks in which he is to undergo his sentence, be kept in Air Force custody or in Civil custody, or partly in one description of custody and partly in the other, and may, by order of such officer as may be prescribed, from time to time be transferred from one to the other, as occasion may require.
Authority for committal and transfer of prisoners
169. A warrant issued in accordance with the provisions of section 165 or section 167, or an order of the prescribed officer for the transfer of a person undergoing a sentence of imprisonment or detention from one description of custody to another, shall be sufficient authority for the committal to prison, detention barrack or Air Force custody of such person or of his transfer from one description of custody to the other, as the case may be.
Conveyance of prisoners from place to place
170. A person under sentence of imprisonment or detention may, during his conveyance from place to place, or when on board a ship, aircraft, or other vehicle be subjected to such restraint as is necessary for his safe conduct and removal.
Communication of certain orders to prison officers
171. Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a Civil, Military or Air Force prison or detained in a Military or Air Force detention barracks a warrant in accordance with such order shall be forwarded by the prescribed officer to the officer in charge of the prison or detention barracks in which such person is confined.
Such warrant shall be sufficient authority for the execution of the orders contained therein.
Execution of sentence of fine
172. When a sentence of fine is imposed by a court-martial under section 71, whether the trial was held within Bangladesh or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in Bangladesh, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898
, for the levy of fines as if it were a sentence of fine imposed by such magistrate.
Establishment and regulation of Air Force prisons or detention barracks
173. The Government may set apart any building or part of a building, or any place under its control, as an Air Force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act.
Power to make rules in respect of prisons and prisoners
174. The Government may make rules providing-
(a) for the government, management and regulation of Air Force prisons and detention barracks;
(b) for the appointment, removal and powers of inspectors, visitors, governors and officers thereof;
(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or persons to earn by special industry and good conduct, a remission of a portion of their sentence;
(d) for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them;
(e) for the application to Air Force prisons or detention barracks of any of the provisions of the Prisons Act,1894, relating to the duties of officers of prisons and the punishment of persons not being prisoners;
(f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.
Restriction of rule-making power in respect of corporal punishment
175. Rules made under section 174 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to Civil prisons in Bangladesh.
Informality or error in the order or warrants
176. Whenever a person is sentenced to imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.
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Ministry of Law, Justice and Parliamentary Affairs