410 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
25. Appellate Criminal Jurisdiction. —High Court shall be a Court of appeal from the Criminal Courts in the Presidency and from all other Courts subject to its superintendence, and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said High Court by virtue of any law now in force.
Sentence on Escaped Convict
Section 396.
(1) When a sentence is passed on escaped convict, such sentence, if of death, or fine or whipping shall subject to the provisions hereinafter contained, take effect immediately, and if on imprisonment, penal servitude or transportation, 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, penal servitude or transportation, as the case may be, 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) a sentence of transportation or penal servitude shall be deemed severer than a sentence of imprisonment.
(b) a sentence of imprisonment with solitary Confinment shall be deemed severer than a sentence same description of imprisonment with solitary comfinement; and
(c) a sentence of rigorous imprisonment shall be deemed severer man a sentence of simple imprisonment with or without solitary confinement.
397. Sentence on a person already undergoing sentence.—
When a person already undergoing a sentence of imprisonment, penal servitude or transportation is sentenced to imprisonment,