(1) Ifany person escapes from the supervision orautho ..
rjty _of a Government Officer or Institution or Societ)' oT per ..
son tn whose charge he has been plr,iced under the provisions of section 2, or if any person whose licence has been revoked under the provisions of section 6, fails without lawful excu:,e the burden of proving which shall be upon him, Released abs conder who escapes from supervision to be punishable.
418 Power of Govern ment to remit sentence.
JAIL MANUAL [ CHAPl'ER V to return to the prison from which h'e was release<J~ on · or before the date specified in the · order of revocati- · on, such person ~hall on convictic:ri bJ a Mrgistn•tc · be lir ble to serve the unexpi~ed portion · of his • original ·sentence and shall also be punishable with imprisonment for a further term w~ich may exten.d · to t\VO years or with fine not exceed ir g Rs. 200 or with both. -
(2) An · offence puni~hable under sub-section (1) shall be deemed to be a cognizable_ offence within tbe meaning of clause (f) of *[sub section (1)] of section 4 of the "Code of Criminal Procedure, 1898."
.. 8. (1) '!·he Government may remit the whole or part of the sentence of a p~rson senten.ced to imprisor_ment for an ' Offence under any .(\ct, on &uch person enterirg into a bond -with one or more.suteties,in such amount and for such period as the Government may direct, to be of good behaviour·and to observe such condition as to residence o.r otherwise, as the Government may impose. ·
(2) The provisions of sections 126, 126-A, 514, 514-A, 514-B and 515 of the "Code of Crimi:r:al Procedure, 1898" shall; so far as may be, apply in the case of sureties offered al'.d bonds given under this section as if they had been offered and given under Chapter VIII of the said Code : · Provi(.~ed that if any person required under section ' 126-A .
or 514-A of the said Code to furnish fresh securities, fails to furnish the same, the Government may cancel the order passed urder sub-section (1) and crder that such person shall ~erve . the whole or so _much of his unexpired sentence as the, __ Government may direct.
(3) If any person released· ur:der sub-section (1) fai~s to observe the corditions of his bond, the Government may direct that he be re-arrested and sent to prison to serve the v~hole ~r such pc.rt of his unexpired sentence as it may ~irect? 1n add~~ tion to any proceedirgs that may be taken agaii:st \n~ or his surety or sureties in respect ~f such bor.d under the S3.1d Cede.
Power rules.
9. The Government may make rules consistent with this to make _A<:t :-
(1) for~heform and cocditionsoflicence on which prisoners may be released ; .
* Substituted for "Sub-Section (i)" by the Madh~a· Pradesh Se.cond Extension of Laws Act, 1961 (40 of 1961).
CHAPTER V] JAIL MANUAL
(2) for the appointment of Government Officer, the re-: cognition -0f lnstitutior, Societies and persons referred to in section 2 ;
(3) for defining the powers and duties of Government Officer, Institutions, or persons, under . whose authority or supervision 'conclitionally released prisoners may be kept ;
(4) ,for defi'1ing _the classes 0f ·offenders who may be conditjonall)' released, and, the periods of imprison ment after which they ma)' be so released ;
(5) for prescribing the manner in which an order of revocation of a licence shall be served on the per son whose licence is revoked ;
(6) fur delegation o~ all or any of its powers to any officer or person authorised in this behalf ;
_ (7) g~nerally for carrying into eff~ct all the purposes of .this Act.
10. On the ·enforcement of this Act the Madhya Bharat Repeal.
Prisoner's Release on Probation Act, Samvat 2008, and all laws, rules, regulations and other provisiocs havirg the force of law relating to the release of prisoners on probation, in force in.
.Madhya Bharat, shall stand repealed :
Provided that all actfons taken or orders given µnder them shall be deemed to have been taken or given, 2s the case may be under this Act. . .
, .
· 419 Short Title.
Definitions.
Classes prisoners not b c released.
JAlL· MANUAL . ( CHApTEJt V { Madhya Pradesh Jail Department Notification No.
• 2314-1294-m-:JaU, datccl 23-9-19641 , Rules
1. These Rules may be called the Madhya Pradesh 1'fit0ner's Release GD Probation R.wes, 19'4.
2. In these Rules, unless the context otherwise requires:
(1) "Act" means the Madhya Pradesh 'Prisoner's Release on Probation Act, 1954 ;
(2) "Board" means the Board constituted undet sub rule (5) of rule 6 ;
(3) "Fot:ril '' means a form appended to these rules:
(4) ''Guardian" means a Probation Officer appointed by the Government or such other Government Officer who may be appointed for the purpose or a per son professing the same religion as the prisoner, or a secular institutions, or a society belongiug to the same religion as the prisoner, under whose soperVision or authority the . prisoner released under section 2 of the Act is placed by the Government;
(5) "Superintendent'' means thr- Superintendent of a prison in which the convict to be released under the Act is confined.
of 3. The following classes of orisoners shall not be to released under Act : ~
(a) Those convicted of offences under the Madhya Bharat Vagrants, Habitual Offenders and Crimi nals (Restrictions and Settlement) Act, 1952, or any law in force in any region of the State corres ponding to the said Act, or the Bxplosive Subs- _ tances Act, 1908 or under the following Chapters or sections of the Indian Penal Code, Chapters V-A, VJ and VII and section 216-A, 224 and 225 (if it is a case of an escape from a jail), 231, 232, 303, 311, 328, 361, 376, 382, 386 to 389, 392 t 0 402, 413, 459, 460 and 489-A" ;
(b) Those convicted under section 7 of the Act ot who are serving the unexpired sentence under sub section (3) of section 8 of the Act, or whose licence has been pte\ iously revoked on account of the breach of the conditions of the licence ;
CHAPTER V ] JAIL MANUAL
(c) Those whose applications for release, other than an application for remission of ser.tccce un.iu section 8, were on a previous occasion rejected b) the Government;
(d) Those convicted by a Court Martial;
(e) Those wtose aoplic~ticrs fer temporary release under section 3i:A of the prisoner's Act, 1900 or l'.Ules thereur:der have been rejected;
(f'\ Those \\-ho have been prosecuted ar.cl convicttd for the breach of the rules under section 31 A of the Prisoner's Act, 1900.
Ex:planation.-The rule in clause (c1 precludes a convict from himself applying a seco.nd time for release undet section 2 of the Act, but the Government may dire ct the Inspector-Generi>.l of Prisors to place any case, which has altea'C\y been once rejected, for reconsideration b'efore the Board.
421
4. Save the prisoners specified in rule 3 any other pt is oner Eligibility for who bas served ore third of his sentence of imprisonment or a release.
total period of five years with remissions, whicr.ever is less may be released by the Government on licence. ,
5. For the purposes of these Rules the following principles Computation of shall be observed in computing the period of sentence of sentence.
imprisonment, namely :-:-
(a) When a prisoner has been sentenced to several terms of imprisonment for several offences ar.d the sen tences of imprisonment baye been ordered to run concurrently, the lor,g:!st sin~le sentence wbich the prisoner is un:lergoing shall be deemec to be the term of his imprisonment;
(b) When a prisoner has been sentenced to several terms of -im~dsonment for several vffences acd the sentences of imprisonment have been ordered to run consecutively, the total .p.!riod which the prisorer has to undergo ,shaU be .deemed to be 1he term of his imprisonment;
(c,i- Rcmiss.ior,.s .2lre2cy eart1el! 'by th~ ·pdsot.er ·shall be •tounte<l as iill\)risonment served b)i him~ ar'.\i 14 m~ "'Ii. ti:tfi. 1 :.:- 1- s 7-ITTrr-i~ fif-lt"1 1 2 ~5 1 n 9--lft1.{>rW faiii.J~ f"v-lr:;r 3f1" !-TT<f'Wf ~<le, 1 9 5 4 ( ?fi-lT<t> 1 s ij'{ 1 9 s 4) lfiT mu 9 [ru 1 ~~ 11Tf.rnm lfir'_ '5fll1'1J' i'f i ~ g~ W l:f ~H1fiR ~. 1U:iitffl ir,qf qfHTe-TMil ~~lllil;,' f;;~ll, 19 6 -1 i:f f;:r;;r~1f11Jil ~~TU,{ ~~liT ~. 3NTq :-- - :· ' ' i ! f · -, r-.· · · '.""1 1r -.. : : : ·• , . I ,, • - 1 ' . f\· · ~ r-mr:i1 if,_- ' · ::· 1 • ( I ) f;:p:p:r :J ll, . lsfll'g ( lf) f~ roTT ;;fl'(t I ( _2) f.i<flf ~ ~. ~~ ~') ,olTTlllTT f.:rcl;m ~T ;;rt{:!: I ( 3) f;:ytm 11 it, 111';,t "qf~r ij°tf.o" it' p:rr,:r tn: ~ "f<nn llIT{!_R if;"
· · f~Tftm f<fi!J; ~ I ( ( 4) f,i,p:r 6 if, _ ~f.ri:p:r ( r;) t r.r7;~rq f.19'f~cr ~ f.wt:r oRT: ~a ~ ' ;;rw:, of1li~ :- - -- ----~.,-..,.-,~---~----- . I · I 422 Procedure.
JAIL MANUAL r CHAPTER V
(d) Sentence of transportation for life or of imprisonmer..t for life shall be reckoned as twenty yea~s.
Ex:planation.-The e:i;pression "sc1:tence of imprison ment" in these Rules shall include imp,;isonmen1 in default of the payment of fine ar.d imprison ment for failure to futnish security under Cha-pter Vlll of the .Code of Criminal Procedure, 1898. ·
6. (1) Any prisoner eligible f~r release under these rules may make an application in Form A to the -Superin tendent. S11ch form shall be orirted at the cost of the Go,er nment and su!)plied free of charge to prisonsers, to their relative and to persons offerirg themselves as their guardians.
(2) On the receipt of the application the Superir.ter.dent shall examine the application. to see if the -prisoner and his proposed guardian have duly filled in the·· columns of the ?P~lication, meant to be filled in by them. If the application ts m order, the Suprentendent shall entertain it ard cause it to be entered in a register maintained in Form B. If the prisoner is in eligible under rule 3 he shall rejectthe appli cation and inform the prisoner of his order. If the -pdson ner is eligible for release u, der rule 4 he shall fill in the columns in tr_e a-pplication meant to be filled in by him and forward the same as .soon as may be, to the District Magistrate of the district in which the prisoner was convi cted. If the application is not in order~ th_e Superir..ten dent shall return it to the prisoner for necessary correction or supply ir.g the omissior:s.
{3) On receipt 0f an a!)plication ur der sub-rule (2) the District Magistrate shall immediately consult the Superir.. terder:t of Police ar.d tbe Probation Officers, where o:r;e is appointed ar.d, if necesszry, the Di!'trict Mfgistrate of t~e district in '"'hich the prisoner ordinarily resides and on rece1p1 of their reports ftllin the entries meant to be filled in b)' him and shall ,without delay, forward the same to the Inspector- General of Prisons, Madhya Pradesh. ·
(4) The District Magistrate shall mair. t2.in a register. in .Form C in which all applications received from the Supenn tendent ur ... der sub-rule (2) shall be duly entered.
(5) The aPplications received from the Districts h) the Inspector-General of Ptisons shall be considered by_ a Board consisting of the Home Secretary to _the Gov~mJJ;1ent of
CHAPTER V ] JAIL MANUAL _ Madhya pradesh in the Home Department 01 any other officer emPow~red in this behalf by the Government, the Inspector-General of Prisons, Madhya Pradesh or the · Deputy.Impector General of Prisons as the case may be,and a non-official member to be. appointed bv the Government.
Meeting of the Board shall be held . ordinarily once ever~ mo::ith to make necessary recommendations.. The Secretary to the Government in the Home Department or any other officer empowered in this behalf by the Government shall be the Chairman of the Board. A non-official member shall unless the State Government terminates his appointment earlier hold office for a term of three years.
(6) Tbe Government shall, on the receir, t of recommenda /e ~oard, pass such orders as it may deem proper.
7. A prisoner, whose release on licence is sanctioned by Licence.
the Government, shall be granted a licence in form D. Three copies of such licence shall be prepared for each prisoner. One shall be retained bv the Government another shall be sent to the Superintendent for delivery to the guardian of the prisoner and the third shall be forwarded to the District Magistrate for information.
8. As soen as the Superintendent receives the orders of the Government he shall communicate the same to the urisoner concerned and in the case of an order of release shall, through the District Magistrate inform the guardian also of the order and call upon him to present himself to take charge of the prisoner. On the guardian presentir:g himself, the Superin tendent shall deliver to him the copy of the licence r-eceived ·· from the Government, and place the prisoner in his charge and take his signature in the Register in Form B in token .
of his h~ving taken char6e of the prisoner.
Information the prisoner guardian.
423 to and