[Rep. by the Code of Criminal procedure(Amendment) Act, 1955(26 0f 1955), s.117 and Sch.. (w.e.f. 1.1.1956).]
IPC Section 59: Simplified Explanation
IPC Section 59 of the IPC is focused on the concept of “Transportation instead of imprisonment,” which has historical significance but has seen changes in its application and terminology over the years.
Original Text and Context:
Under British colonial rule, the punishment of “transportation” initially referred to deporting the convicted individual to a penal colony, a practice used not only by the British in India but also in other colonies. This punishment meant the convicted person was sent away from their home country to serve their sentence in a distant land, often under harsh conditions. This was seen as an alternative to imprisonment in the local jails, usually overcrowded and under-resourced.
Modern Application and Relevance:
The concept of “transportation” as a form of punishment has been abolished and replaced with other forms, reflecting changes in the legal and penal systems worldwide. In the context of modern penal codes, including India’s, the emphasis has shifted towards reformative and rehabilitative methods of punishment rather than punitive exile.
In contemporary legal practice within India, the term “transportation” is no longer used. Instead, the Indian Penal Code has been amended to replace it with imprisonment of either description (rigorous or straightforward) for varying terms, including life imprisonment. The specific updates to the IPC would reflect the abolition of transportation and detail the conditions under which imprisonment would be served instead.
