Amendment status not verified — confirm the current text below against the official source.
(1) In calculating the day on which any prisoner is entitled to be released, the day on which the sentence is passed and the day on which the prisoner is released, shall be deemed to be part of the sentence: Provided that in case two or more sentences are to be undergone consecutively by the prisoner, no day shall be counted as a day of imprisonment in respect of more than one such sentence: Provided further that a sentence of imprisonment for one day or twenty-four hours shall be deemed to expire on the morning of the day following that on which the sentence was passed. (2) The duration of a sentence shall be calculated in calendar years, months, fortnight, weeks or days. The term 'year' means a calendar year, a ‘month’ means a calendar month, a 'fortnight' means fourteen days and a 'week' means seven days. (3) When a prisoner's sentence includes a fraction of a month, the date of release shall be calculated by reducing such fraction to days. A month, for this purpose, shall consist of thirty days. Illustration.- If a prisoner is sentenced to ‘one and half months' on the 2nd February, the date of his release shall be 16th March. (4) If the month in which the sentence of a prisoner expires has no date corresponding to the date of sentence, the last day of the said month shall be taken as the day of expiry of the sentence. The same principle shall apply when the sentence is reduced due to reduction in sentence or payment of fine or grant or remission. (5) In the case of a convict who has to attend the court on the very day of his release, for a case for which he is not on bail, he shall be treated as released in the morning and sent to court as an under-trial prisoner. If the prisoner is sentenced to further imprisonment, on that very date, the sentence shall be calculated from the following day. Illustration 1.- A prisoner sentenced to one year’s imprisonment on the 15th January 2020 shall be released on the14th January 2021, a prisoner sentenced on the 1st January to one month’s imprisonment shall be released on the 31st of the same month. Illustration 2.- If A and B are sentenced to one month’s imprisonment on the 30th and 31st January respectively, both sentences expire on the morning of the 28th February if it is a non-leap year and on 29th February if it is a leap year. Serving of sentences.