55A. Definition of “appropriate Government”.- In sections fifty-four and fifty-five the expression “appropriate Government” means, —

(a) In case where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

(b) In case where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

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1. Subs. by the A.O. 1950, for section 55A which had been ins. by the A.O. 1937.

In every case in which sentence of ¹[imprisonment] for life shall have been passed, ²[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

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1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion” (w.e.f. 1-1-1956).

2. Subs. by the A.O. 1950, for “the Provincial Government of the Province within which the offender shall have been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Gov­ernment of India or the Government of the place”.

In every case in which sentence of death shall have been passed, ¹[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this code.

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1. Subs. by the A.O. 1950, for “the Central Government or the Provincial Government of the Province within which the offender shall have been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government of the place”.

¹53A. Construction of reference to transportation.- (1) 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for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to “imprisonment for life”.

(2) 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, ²[1955] (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

(3) 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.

(4) Any reference to “transportation” in any other law for the time being in force shall,-

(a) If the expression means transportation for life, be construed as a reference to imprisonment for life;

(b) If the expression means transportation for any shorter term, be deemed to have been omitted.

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Transportation for life

A person sentenced to transportation for life, or any other term before the enactment of the impugned section, was to be treated as a person sentenced to rigorous imprisonment for life or for a lesser period as the case might be; Gopal Vinayak Godse v. State of Maharashtra, AIR 1961 SC 600.

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1. Ins. by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).

2. Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “1954” (w.e.f. 17-9-1957).

The punishments to which offenders are liable under the provisions of this Code are—

First.— Death;

¹[Secondly.—Imprisonment for life;]

²[***]

Fourthly. —Imprisonment, which is of two descriptions, namely:—

(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly. —Forfeiture of property;

Sixthly. —Fine.

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “Secondly—Transportation” (w.e.f. 1-1-1956).

2. Clause “Thirdly” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).