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#1
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a repeated line in PPC
why is the following line used under punishment sections in PPC
"... of either description for a term which may extend to..." what is the logic behind this line. Seniors, please elaborate. |
#2
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According to section 53 of the Pakistan Penal Code, Punishment can be of two descriptions, i.e. simple or rigorous, (Urdu Translation is, Qaid -e-Mehz and Qaid-e-Ba' Mushaqqat).
So the line you have quoted means that the court has discretion to award imprisonment of either description (Either simple imprisonment or rigorous one) The sentence, "Imprisonment of either description for a term which may extend to seven years", can be re-phrased as The court may award either simple imprisonment or rigorous imprisonment at its discretion; maximum period of such imprisonment may be seven years. |
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#3
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Either Description
Imprisonment is of four kinds.
1) Life Imprisonment 2) Simple Imprisonment 3) Rigorous Imprisonment, and 4) Imprisonment in default of payment of fine AND YES, SOLITARY CONFINEMENT Of either description means that trial court has the discretion (based on equity) to award any type, i.e. Simple or Rigorous, keeping in view gravity of offense, mitigating/extenuating circumstances, financial position of victim/accused, previous history, etc....
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