IPC Section 53A — Construction of reference to transportation

punishments

General

Summary

Wherever a law or legal document mentions "transportation for life," it should now be read as "imprisonment for life." If a court had already passed a sentence of transportation for a specific number of years before a certain 1955 amendment, the person sentenced will be treated as if they were sentenced to rigorous imprisonment for that same number of years. Any mention of transportation for a specific term or a shorter term in any current law is considered removed. If a law simply says "transportation," it means imprisonment for life if it refers to transportation for life, and if it refers to a shorter term, that mention is also considered removed.

Official Text

Subject to the provisions of sub-section (2) and sub-section (3), any reference to “transportation for life” in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to “imprisonment for life”. In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 1955, (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term. Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.
Any reference to “transportation” in any other law for the time being in force shall
if the expression means transportation for life, be construed as a reference to imprisonment for life;
if the expression means transportation for any shorter term, be deemed to have been omitted.

Related Judgments

  • RABIABAI v. THE CUSTODIAN-GENERAL OF EVACUEE PROPERTY — Supreme Court of India (1961)
  • ST ATE BANK OF INDIA v. K.C. THARAKAN AND ORS. OCTOBER 4, 2005 B — Supreme Court of India (S)
  • Petitioner in HCP No.1441/2007 vs The Government of Tamil Nadu — Madras High Court (2007)
  • ... Petitioners/Accused vs The Deputy Superintendent of Police, — Madras High Court (2007)
  • SHANKAR GAUR AND ANR. ETC v. DELHI TRANSPORT CORPORATION AND ORS. NOVEMBER 30, 1988 — Supreme Court of India (S)
  • CRL OP/27302/2003 — Madras High Court (2003)
  • .. Petitioner vs 1. State — Madras High Court (2017)
  • Mrs.Remibai Jeppiar ... Petitioners/Accused vs 1. State of Tamil Nadu — Madras High Court (2012)

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