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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 28 : Sentence

276. Nature of punishments


(1) Subject to the provisions of this Act and any other law and of the common law, the following sentences may be passed upon a person convicted of an offence, namely—
(a) [Section 276(1)(a) deleted by section 34 of Act No. 105 of 1997]
(b) imprisonment, including imprisonment for life or imprisonment for an indefinite period as referred to in section 286B(1);

[Section 276(1)(b) substituted by section 20 of Act No. 116 of 1993]

(c) periodical imprisonment;
(d) declaration as an habitual criminal;
(e) committal to any institution established by law;
(f) a fine;
(g) [Section 276(1)(g) deleted by section 2 of Act No. 33 of 1997]

[Section 276(1)(h) inserted by section 41(a) of Act No. 122 of 1991]

(i) imprisonment from which such a person may be placed under correctional supervision in his discretion by the Commissioner or a parole board.

[Section 276(1)(i) substituted by section 20 of Act No. 87 of 1997]


(2) Save as is otherwise expressly provided by this Act, no provision thereof shall be construed—
(a) as authorising any court to impose any sentence other than or any sentence in excess of the sentence which that court may impose in respect of any offence; or
(b) as derogating from any authority specially conferred upon any court by any law to impose any other punishment or to impose any forfeiture in addition to any other punishment.


(3) Notwithstanding anything to the contrary in any law contained, other than the Criminal Law Amendment Act, 1997 (Act No.  105 of 1997), the provisions of subsection (1) shall not be construed as prohibiting the court—
(a) from imposing imprisonment together with correctional supervision; or
(b) from imposing the punishment referred to in subsection (1)(h) or (i) in respect of any offence, whether under the common law or a statutory provision, irrespective of whether the law in question provides for such or any other punishment: Provided that any punishment contemplated in this paragraph may not be imposed in any case where the court is obliged to impose a sentence contemplated in section 51(1) or (2), read with section 52, of the Criminal Law Amendment Act, 1997.

[Section 276(3)(b) substituted by section 5 of Act No. 22 of 2005]

[Section 276(3) substituted by section 5 of Act No. 55 of 2003]