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24. Punishment where Prisoner or Detainee absconds or is assisted in absconded

24. Punishment where Prisoner or Detainee absconds or is assisted in absconded :

(1) If any person, other than a Detainee or Prisoner, assists a Detainee or Prisoner in absconding or attempts thereto, such person shall be punished as follows:
(a) If any employee of the concerned Office or Court or Prison has got the Prisoner or Detainee to
abscond (flee) , by taking a bribe or by flattering, the amount of bribery shall be forfeited where
he/she has taken the bribe, and he/she:

(1) 24 ……….
(2) Shall be punished with imprisonment for a term of Ten years if he/she has got absconded (fleed) a Prisoner serving a sentence of branding (Damal) or life  imprisonment or a Detainee accused of a crime carrying such punishment,
(3) Shall be punished with imprisonment for a term from Two years to Six years and with a fine equivalent to the amount of bribe, if any, taken, if he/she has got absconded (fleed) other Detainee or Prisoner.
(b) If any government employee, other than that mentioned in Clause (a) has got a Prisoner or Detainee to abscond (flee), by taking a bribe or by flattering, the amount of bribe, if any taken by him/her, shall be forfeited, and he/she:
(1) 25 ……………….
(2) Shall be punished with imprisonment for a term of Six years if he/she has got absconded (fleed) a Prisoner serving a sentence of Damal or life imprisonment or a Detainee accused of a crime carrying such punishment,
(3) Shall be punished with imprisonment for a term from Two to Six years and with a fine equivalent to the amount of bribe, if any, taken, if he/she has got absconded other Detainee or Prisoner.
(c) If any employee of the concerned Office or Court or Prison has got absconded (fleed) a Prisoner or
Detainee not by doing the acts mentioned in Clause
(a) but only by recklessly performing his/her duties, such employee shall be punished with imprisonment for a term not exceeding Six months or a fine not exceeding Two Hundred Rupees or with both.
(d) If any person, other than a government employee, has got absconded (fleed) a Prisoner or Detainee,
he/she:
(1) Shall be punished with imprisonment for a term of Five years if he/she has got absconded (fleed) a Prisoner serving a sentence of ……… 26 or Damal or life imprisonment or a Detainee accused of a crime carrying such punishment,
(2) Shall be punished with imprisonment for a term not exceeding Two years or a fine not
exceeding Five Hundred Rupees if he/she has got absconded other Detainee or Prisoner. Provided that, while imposing punishment pursuant to this Clause, no punishment shall be imposed in a manner to
exceed the half of the remaining term of imprisonment which has been imposed or
may be imposed on the fleeing or absconding Prisoner or Detainee.
(e) If any person attempts to get any Detainee or Prisoner absconded (fleed) and the matter is
reported prior to the absconding * of such Detainee or Prisoner, he/she shall be punished with
imprisonment for a term not exceeding Six months or a fine not exceeding Two Hundred Rupees.
(2) If the person as referred to in Clause (a), (b) or (c) of Sub- section (1) has got any Detainee or Prisoner absconded (fleed) and if any amount is also to be received or recovered, the same shall be recovered from that person.
(3) If a Prisoner whose term of imprisonment is specified absconds (flees), he/she shall be punished with imprisonment for additional term of One and half of the remaining term of imprisonment, after he/she has been apprehended.
(4) If any Detainee absconds (flees), the punishment to be imposed on him/her shall be fixed by adding One and half to the punishment to be set by deducting the period during which he/she had  remained in detention prior to his/her absconding (fleeing) from the punishment awarded to him/her by judgment in the case, and by
deducting a total period of time during which he/she remained in detention before or after his/her absconding (fleeing), and he/she shall be liable to the punishment to be set after such deduction.
(5) Notwithstanding anything contained in Sub-section (3) or (4), while setting the punishment by increasing One and half as referred to in these Sub-sections, no punishment shall be fixed in such
a manner as to exceed One Hundred Twenty Five percent of the upper ceiling of the punishment that may be imposed for the crime for which the absconding Detainee or Prisoner is imprisoned.
(6) Notwithstanding anything contained in Sub-section (3), (4)
or (5), while imposing punishment pursuant to these Sub-sections, no
punishment shall be imposed in such a manner that the term of
imprisonment exceeds Twenty years

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