Section 49.- In case of the Court passes the judgment inflicting the punishment of imprisonment on any person, or passes judgment that any person is guilty, but the determination of punishment or the infliction of punishment is suspended, the Court may, if it is of opinion that such person has committed the offence owing to habitual drunkenness or harmful habit forming drug addiction, determine in the judgment that such person shall not take liquor or harmful habit forming drug, or both of them within a period not exceeding two years as from the day of passing over the punishment, or the day of liberation on account of the suspension of the determination of punishment or the infliction of punishment.

In case of the person mentioned in the first paragraph fails to comply with what is determined by the Court, the Court may give order to send such person to be put under restraint in an institution of treatment for a period of not exceeding two years.

 

Section 50.- When any person is given judgment inflicting punishment by the Court, and if the Court deems that the offence committed by such person taking the opportunity of carrying on own occupation or profession, and deems that such offence will be committed again by such person if such person carries on own occupation or profession further, the Court may issue an order in the judgment prohibiting such person to carry on own occupation or profession for a period not exceeding five years as from the date of passing over the punishment.

 

PART 3

INCREASE, REDUCTION AND SUSPENSION OF PUNISHMENT

 

Section 51.- In increasing the punishment, it shall not be increased up to the punishment of death, imprisonment for life or imprisonment exceeding fifty years.

 

Section 52.- In reducing the punishment of death, whether it be the reduction in the scale of punishment or in the punishment to be inflicted, it shall be reduced as follows :

(1) If the reduction be by one-third, the punishment shall be reduced to imprisonment for life ;

(2) If the reduction be by one-half, the punishment shall be reduced to imprisonment for life or imprisonment of twenty-five to fifty years.

 

Section 53.- In having life imprisonment reduced, whether the punishment will be reduced in the punishment scale or in the inflicted punishment, the life imprisonment shall be transferred as fifty-year imprisonment.

 

Section 54.- In calculating the increase or reduction of the punishment to be inflicted, the Court shall determine the punishment to be inflicted upon the accused first, and then the punishment shall be increased or reduced. If there are both increase and reduction of the punishment to be inflicted, the punishment shall be increased first and the reduced from the result of the addition. If the proportion of the increase is equal to or more than that of the reduction, the Court may, if it thinks fit, not increase or not reduce the punishment.