The Indian Penal Code provides for imprisonment of two kinds, simple and rigorous, and unless a particular kind only is prescribed, the Court has to choose one or the other forms as may be suitable to the offence committed. If it is found that in any statute the statute has failed to specify the kind of imprisonment that may be awarded for an offence, then it is open to the Court under Section 3 (2) of the General Clauses Act (X of 1867) to award imprisonment of either description as may be found to be appropriate.
