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CHAPTER 19
SENTENCES
PART C -- IMPRISONMENT
1. Kinds of imprisonment and their selection.-- The Pakistan Penal Code provides
for imprisonment of two kinds, viz., simple and rigorous, and the Court must choose one or
the other form in view of all the circumstances. In certain local and special Acts, it
will be found that the Legislature has not specified the kind of imprisonment which may be
awarded. Under Section 3(26) of the General Clauses Act, such imprisonment may be simple
or rigorous. In the case of many offences under the Pakistan Penal Code and other Acts, it
is provided that the offender shall be punished with imprisonment up to a certain term and
shall also be liable to fine. In such cases the offender must be sentenced to some period
of imprisonment (however small), but it is not obligatory to impose fine in addition. *[(See
PLD 1978 SC 89).]
2. When simple imprisonment is suitable.-- Simple imprisonment is suitable where
a fine will not suffice and a very short term of imprisonment has to be imposed. This
ensures casual offenders being kept apart from the contamination of hardened criminals.
3. When solitary confinement is suitable.-- The Pakistan Penal Code provides for
"solitary confinement" being awarded up to a certain limit (vide section 73).
This form of punishment is appropriate in the case of the more heinous class of offences.
It should be borne in mind, however, that solitary confinement can be awarded in the case
of offences under the Pakistan Penal Code only and not in the case of offences under
Special or Local Acts, **[unless these Acts so provide.]
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