§ 332 — Procedure if punishment cannot be inflicted under section 331

332.—(1) Where a sentence of caning is wholly or partially prevented from being carried out under section 331, the offender must be kept in custody until the court that passed the sentence can revise it.(2) Subject to any other written law, that court may —(a)

remit the sentence; or

(b)

sentence the offender instead of caning, or instead of as much of the sentence of caning as was not carried out, to imprisonment of not more than 12 months, which may be in addition to any other punishment to which the offender has been sentenced for the offence or offences in respect of which the court has imposed caning (called in this section the relevant offences).[Act 31 of 2023 wef 31/12/2024]

(3) A court may impose a term of imprisonment under subsection (2)(b) even though 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 those offences.

(4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2)(b) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2)(b) 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)(b) does not apply in relation to any offence which is committed before 2 January 2011.

—(1) Where a sentence of caning is wholly or partially prevented from being carried out under section 331, the offender must be kept in custody until the court that passed the sentence can revise it.

(2) Subject to any other written law, that court may —(a)

remit the sentence; or

(b)

sentence the offender instead of caning, or instead of as much of the sentence of caning as was not carried out, to imprisonment of not more than 12 months, which may be in addition to any other punishment to which the offender has been sentenced for the offence or offences in respect of which the court has imposed caning (called in this section the relevant offences).[Act 31 of 2023 wef 31/12/2024]

(3) A court may impose a term of imprisonment under subsection (2)(b) even though 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 those offences.

(4) A Magistrate’s Court or District Court may impose a term of imprisonment under subsection (2)(b) even though the aggregate sentence of imprisonment (comprising the term of imprisonment imposed under subsection (2)(b) 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)(b) does not apply in relation to any offence which is committed before 2 January 2011.