(1) The court shall, in the following
circumstance, void the records of sentence established pursuant to
sub-section (1) or (2) of Section 151, by setting out the reasons
therefor:
(a) If the sentence of imprisonment has been served by
the offender pursuant to this Chapter,
(b) If the sentence of imprisonment has been served by
the offender by labor pursuant to the law in force,
(c) If the sentence of imprisonment or punishment is
remitted due to the death of the offender as
mentioned in Section 158,
(d) If the sentence of imprisonment has been served by
the offender in a reform home or community center
or by doing community service in accordance with
the law in force,
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(e) If the sentence imposed on the offender is pardoned
in whole pursuant to Section 159,
(f) If the offender pays the full amount for the fine or
claimed amount or compensation pursuant to this
Chapter, or
(g) If amount in lieu of imprisonment or sentence or
claimed amount or compensation imposed on the
offender is recovered pursuant to this Chapter.
(2) Notwithstanding anything contained in sub-section (1),
if any person, who is sentenced to imprisonment or required to
undergo imprisonment for a fine or government claimed amount or
any other amount in accordance with the law in force, fails to appear
in the court or to undergo imprisonment in the prison or cannot be
arrested until the following period, the court shall void the records of
sentence established in the case of such person:
(a) Fifty years in the case of the sentence of
imprisonment for life,
(b) Forty years in the case of the sentence of
imprisonment for a term exceeding ten years,
(c) Thirty years in the case of the sentence of
imprisonment for a term of five to ten years,
(d) Twenty years in the case of the sentence of
imprisonment for a term of one to five years,
(e) Twelve years in the case of the sentence of
imprisonment for a term not exceeding one year.
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(3) If a person whose record is voided pursuant to subsection
(2) is found after the expiry of the said period, the court shall
execute the judgment in accordance with this Chapter as if the record
were not voided in the case of him or her.
(4) In voiding the record pursuant to sub-section (2), the
property belonging to that person, if any, attached pursuant to this
Act, shall be forfeited and auctioned, and the proceeds of sale by
auction shall be credited to the consolidated fund.
(5) No person whose record has been voided by the reason
of the non-completion of the service of sentence pursuant to this
Section shall, notwithstanding anything contained in the law in force,
be eligible to be appointed, nominated, designated or elected to any
public office until such person serves such sentence pursuant to the
judgment awarding the sentence.