Section 396 in The Code of Criminal Procedure, 1989 (1933 A. D.)
396. Execution of sentences on escaped convicts.
(1)When sentence is passed under this Code on an escaped convict, such sentence, if of death, [imprisonment for life or fine] [Words substituted by Act XXXVII of 1978, Section 58.], shall, subject to the provisions hereinbefore contained, take effect immediately, and, if of imprisonment [x x] [Words 'for life' omitted by Act XXXVII of 1978.], shall take effect according to the following rules, that is to say(2)If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately.(3)When the new sentence is not severer in its kind than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment [x x x] [Words 'of life imprisonment, as the case may be' omitted by Act XXXVII of 1978.] for a further period equal to that which at the time of his escape, remained unexpired of his former sentence.Explanation. - For the purposes of this section. -(a)[ Omitted ;] [Clause (a) omitted by Act XLII of 1956.](b)a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the same description of imprisonment without solitary confinement ; and(c)a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment with or without solitary confinement.
