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Union of India - Section

Section 47 in The Prisons Act, 1894

47. Plurality of punishment under section 46.

- [(1)] [Section 47 renumbered as sub-Section (1) thereof and sub-Section (2) inserted by Act 17 of 1925, Section 3.] Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely:
(1)formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section;
(2)penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with [cellular] [Substituted by Act 17 of 1925, Section 3, for "solitary".] confinement;
(3)[ cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable;] [Substituted by Act 17 of 1925, Section 3, for exception (3).]
(4)whipping shall not be combined with any other form of punishment except cellular or separate confinement and loss of privileges admissible under the remission system;
(5)[ no punishment will be combined with any other punishment in contravention of rules made by the State Government.] [Inserted by Act 17 of 1925, Section 3.]
(2)[ No punishment shall be awarded for any such offence so as to combine with the punishment awarded for any other such offence, two of the punishment which may not be awarded in combination for any such offence.] [Section 47 renumbered as sub-Section (1) thereof and sub-Section (2) inserted by Act 17 of 1925, Section 3.]
[Andhra Pradesh].- In its application to the State of Andhra Pradesh, in sub-S. (1) of Section 47, Cl. (4) shall be omitted.Andhra Pradesh Act 23 of 1958, Section 3 and Sch. (w.e.f. 1-2-1960).[Assam].- Same as that of Andhra Pradesh.Assam Act 12 of 1956, Section 3 (w.e.f. 2-5-1956).[Bihar].- Same as that of Andhra Pradesh.Bihar Act 31 of 1956, Section 3 (w.e.f. 24-11-1956).[Gujarat].- Same as that of Maharashtra.Act 11 of 1960, Section 87; Gujarat A.L. (8th Amdt.) Order, 1961.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 47(1), the words clause (4) shall be omitted.Madhya Pradesh Act 40 of 1961, Section 3 and Sch. (w.e.f. 1-2-1962).[Maharashtra].- In its application to the State of Maharashtra, in Section 47, in sub-S. (1),(a) Cl. (2) shall be omitted.Bombay Act 23 of 1959, Section 3 (w.e.f. 1-6-1959).(b) Cl. (4) shall be omitted.Bombay Act 39 of 1957, Section 4 (w.e.f. 28-9-1957).[Orissa].- In its application to the State of Orissa, in Cl. (4) of Section 47(1), for the words the remission system, substitute the remission or furlough system.Orissa Act 29 of 1958, Section 4 (w.e.f. 19-11-1958).[West Bengal].- In its application to the State of West Bengal, in sub-S. (1) of Section 47, Cls. (2) and (4) shall be omitted.West Bengal Act 22 of 1957, Section 4 (w.e.f. 6-1-1959).