Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXVII · Sentences and the Carrying Out of IT
291. Procedure if whipping cannot be inflicted
Feedback & supportIn any case in which under section 290 a sentence of whipping is wholly or partially prevented from being executed the offender shall be kept in custody till the Court which passed the sentence can revise it, and the said Court may in its discretion either remit the sentence or sentence the offender instead of whipping, or instead of so much of the sentence of whipping as was not executed, to imprisonment for a term which may extend to twenty-four months, which may be in addition to any other punishment to which he has been sentenced for the same offence.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
Nothing in this section shall be deemed to authorize any Court to inflict imprisonment for a term exceeding that to which the accused is liable by law or which the said Court is competent to inflict.