(1)Notwithstanding2021Despite2021 any provision of this Code or any other law to the contrary, where an accused is sentenced at the same sitting for 2 or more offences punishable by caning (referred to2021(called2021 in this section as2021 the relevant offences), the aggregate sentence of caning imposed by the court in respect of the relevant offences shall2021must2021 not exceed the specified limit.
Section history
Section 328 — Limit on number of strokes
Consolidated view is experimental and may be broken for certain provisions.
(2)Subject to any other written law, where an accused would but for subsection (1) have been sentenced to an aggregate sentence of caning which exceeds the specified limit, the court may impose a term of imprisonment of not more than 12 months in lieu of all such strokes which exceed the specified limit.
(3)A court may impose a term of imprisonment under subsection (2) notwithstanding2021even2021 that2021though2021 the aggregate of such term and the imprisonment term imposed for any of the relevant offences exceeds the maximum term of imprisonment prescribed for any of the relevant offences.
(4)A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2) notwithstanding2021even2021 that2021though2021 the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2) and the combined terms of imprisonment imposed by the court in respect of the relevant offences) exceeds the limits prescribed by section 306.
(5)The power of a court to impose the additional term of imprisonment under subsection (2) shall2021does2021 not apply in relation to any offence which is committed before the202122021 date2021January2021 of commencement of this Division.20212011.2021
(6)In this section, the specified limit is 24 strokes in the case of an adult and 10 strokes in the case of a juvenile.