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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XXVI


Judgment in alternative
(3) When the conviction is under the Penal Code and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty.
1[(5) If the accused is convicted of an offence punishable with death or, in the alternative, with 2[transportation for life] or imprisonment for a term of years, the Court shall in its judgment state the reasons for the sentence awarded.]
(6) For the purposes of this section, an order under section 118 or section 123, sub-section (3), shall be deemed to be a judgment.

  • 1
    Sub-section (5) was substituted, for sub-section (5) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The words "transportation for life" construed as a reference to "imprisonment for life" by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)
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