53
197.
Whipping shall, subject to the provisions of this Act, be executed,
in accordance with the following conditions :(a) a man shall, generally, be whipped, while standing, without
binding, or tying; and a woman shall be whipped, while
sitting , and execution shall be made, at such time, and
place, as the court may specify;
(b) whipping shall be lump sum, temperate, moderate and noncracking and non-breaking, distributed, otherwise than on
the face, head and fatal places, by a moderate whip, and
any other similar tool may be used;
(c) where it transpires, to the Magistrate, or whoever may
succeed him, during executing the whipping sentence, that
the health condition of the offender does no longer bear
the remainder of the sentence, he shall suspend the
whipping , and submit the matter to the competent court.
Order of collection of fine and compensation
198.(1) Where fine, or compensation is sentenced, the court, which
passed the sentence, shall order the way of payment; and shall,
in case of non-payment, pass an order for the collection of the
amount, by any of the following ways :(a) seizure of any movable property, owned by the offender,
and selling the same;
(b) attachment, of any debt, due to the offender, and
satisfaction of the same;
(c) attachment of any estate owned by the offender, and sale
thereof.
(2) The order of seizure and sale of the movable property shall be
notified, to the Magistrate, within the limits of jurisdiction of
whom execution lies.
(3) In case of execution, by way of attachment of debt, or estate,
the court shall follow the civil procedure of execution, and pay
the execution expenses, out of the collected amounts.
(4) Where collection of the amount of fine is not possible, by the
aforesaid ways, the court may order execution of a substitute
penalty of imprisonment, or release the sentenced person, at
any time, by bond, or bail.
(5) Where collection of compensation is not possible, by the
aforesaid ways, the court may follow the civil procedure , as to
the same.
Order of executing sentences
199.(1) The court shall ensure the execution of the sentences passed
thereby, whenever the same have become final.
(2) The order of execution shall be passed, by the court which
passed the sentence, or by a competent Magistrate. Where the
same is not possible, or delay, or hardship is feared, the
General Criminal Court may pass the order of execution.
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