Section 160: Records to be voided

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,

(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.

3) If a person whose record is voided pursuant to sub section (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.