Punjab Pre Mature Release Policy… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Notification
Year	2011
Jurisdiction	State of Punjab
Status	In force as published by the source
Text	Published as one document, as the source published it

GOVERNMENT CF PUNJAB :

DEPARTMENT OF HOME AFFAIRS AND JUSTICE (HOME-ViI BRANCH) NOTIFICATION The 8 Augst, 2011 No.2 /183/89-1H7/2040 In supersession of the policy circulated vide Government of Punjab, Department of Home Affairs and Justice vide Memo No 1/889/88-1H/23536, dated 8 July. 1991 and all other relevant policies, the Governor of Punjab is please to frame the following policy for laying down the guidelines for the pre-mature release of like convicts, namely'- POLICY

1. (1) This policy may be called th2 Punjab Pre-mature Release of Life Convicts Policy, 2011

(2) It shall come nto force on and with effect from the date of its publication in the Official Gazette 2 Definitions:- In this poiicy, unless the context otherwise requires-

(a) “Public Servant" means a person defined as such under section21 of IPC

(h) “Elected representative” means any person duly elected under any person duly elected under any State or Centra! Act: and

3. (1) Subject to the provisions of clause 6 of this policy. before submitting an application for pre-mature reicase under article 161 of the Constitution of India, a convict shall have to undergo actual Imprisonment for a periad specified in the schedule given below:-

(2) Heinous Crimes referred to in column 'B 'of the said schedule are as (i follows:

(i) Offence under Section 302 IPC alongwith 347 cf the IPC i.e. murder with wrongful.confinement for extortion i) Section 302 IPC with 376 IPC i.e murder with rape:

(i) Offence under section 396 of IPC i.e daceity with murder;

(iv) Offence under section 302 IPC alongwith offence under the Terrorist and the Disruptive Activities (Prevention Act, 1987)

(v) Offence under Section 302 IPC alongwith offence under the Scheduled . Castes and Scheduled Castes and Scheduled Tribes(Prevention of Alrocities) Act, 1989 or unlawful Activities (Prevention) Act, 1967;

@) Offence under Section 302 IPC where murder has been committed (vi) in connection with any dispute over dowry and this is indicated in the judgement of the trial court (viiy Offence under section 302 IPC where the victim is a child under the age of 14 years; and

(viii) Any conviction under section 120-B of the IPC in connection with any of the said offences.

3) Heinous Crimes referred to column “D" of the said schedule areas’ follows: _ Offence under section 304(B) of the IPC i.e. dowry death;

(0] Offence under section 304 1PC alongwith section 347 of the IPC i.e.

(i) culpable homicide not amounting to murder with wronaful confinement for extortion;

Offence under section 304 IPC alongwith section 376 of the IPC L.e.

culpable homicide not amounting to murder with rape.

(iif)

(iv) Offence under section 304 IPC alongwith offence under the Terrorist and Disruptive Activities (Prevention)Act,1987 or Unlawful Activities(Prevention)Act.1967;

(v) Offence under section 304 IPC culpable homicide not amounting to murder has been committed in connection with any dispute on dowry and this is indicated in the judgement of the trial court.

(vi) Offence under section 304 IPC where the victim is a child under the age of 14 year; and

(vii) Any conviction under section 120-B of the IPC in connection with any of the said offences .

(4) Notwithstanding anything contained in sub- clause (1) the Government shall be competent to exercise its power in respect of pre-mature release of a convict in ary deserving case. as it may deem appropriate.

4. (1) Subject to the provisions of clause 6 of this policy, before submitting an application for pre-mature release under section 432 and 433 of the Criminal Procedure Code; 1973 ( Central Act 2 of 1974), a convict shall have to undergo actual imprisonmant for a period .

4- Specified in the schedule given below :-

(2) Heinous crimes referred to in column (B) and (D) of the said Schedule, shall be the same as have been categorized in subclauses (1)and(2) of clause 3 of this Policy.

5. (1) No pre-mature release shall be considered be before the expiry of actual imprisonment of 18 years or 20 years imprisonment with remissions in following cases:-

(a) Murder of an elected representative during his/her tenure:

(b) Murder of a public servant in connection with the discharge of his official duty : and

(c) Murder of a minor girl after committing rape with her forcibly, ghastly murders by cutting of body in to pieces, dowry death cases etc.

(2) Pre-mature release shallnot be ordered in following cases:-

(a) Convicts who cannot for some definite reasons, be prematurely released Yvithout danger to public order and safety; and {b) Cases of ife convicts covered under section 435 and the code of Criminal procedure, 1973;

(5)

6. Cases for premalure release will be considered only of the Government is satisfied that in the event of release of the convict, there is no likelihood of the convict committing a crime or breach of peace in any way connected with the circumstances of the crime, for which he was originally convicted.

7. (1) On becoming eligible for consideration for premature releas? under clause 3 or clause 4 of this palicy as the case . may be the con\(mt may submit a petition to the Government cr inspector General of Pr|59ns or Superintendent of jail concerned, indicating the grounds on. which he desires his case to be considered for premature release.

e referred by the Goyernment within 15 days to

(2) The petition shall.b :

nera of .prisons to the Inspector General-of Prisons and by inspector Ge !

uperintendent jail-within 15 days for preparing the case In the prescribed format for verification of details of imprisonment as well as for a report of good behavior. On receipt of such petiton from any source, the Superintendent of Jail concerned shall within 15 days submit premature release case of life convict alongwith his recommendation and record of remissions/parole etc. duly signed and authenticated to the Inspector General of prisons keeping in view the convicts conduct during the:last 5 years, Overall conduct may be categorized as g,ood if the convict has not been punished for any jail offence during the:last five years and has not received-any adverse report during last parole .

(3) A copy of such petition shall simultaneously be forwarded to the district Magistrate for verification of the contentions made in the petition and a report regarding the likelihood of commission of breach of peace or crime by the convict, which 1s connected with the circumstances. of the crime originally committed by him. For this purpose inter-alia, the following will be taken into account:-

(a) The behavior of convict during period parole.

(b) The views of the local Panchayat The actual verification and report regarding likelihood of commission of breach of peace or crime shall be made personally by the concerned Station House Officer within 7 days and the report shall be sent under his signatures to the District S.P (SSP) = Further the District S.P.(SSP) shall within 16 days forward it under his own signatures to the Disirict Magistrate who shall further send it within 15 days to the Government. in case the verification report from the concerned District Magistrate and S,SP is not received with one month it will be presumed that they have no objection to the premature release of the convict. -

8. On receipt of the report from the Superintendznt of jail, the Inspector General of Prisons. shall put up within 15 days all such premature release cases alongwith his comments and recommendations to the Principa.l Secretary to Government of Punjab, Department of Home Affairs N0 Justice. If as per repon receivad from the Inspector General of Prisons Prisons, prisoner's overall conduct is good, Pnn_cipal Secretary Home Affair:;

and justice after consideration within 15 days shall send it to the appropriate L s authority for zzz-:_-a@® Jrass In case overali conduct of she prisoner fs /L reporied "ot T2z tne matter shall be corsidered after receipt of the repo from the 2.3 2t Magisirate.

0 Tnis policy will supersede instructions contained in the “aitowing Government circulars:- t.lemo No. 13311-6JJ-71/39656,DATED 10-11-1971 “iemo No. 403-6JJ-76/3456 DATED 30-1-1876 tiemo No. 2874-8JJ-77/17811.DATED 12-6-1977 *Jemo No. 8530-6JJ-78/21313.DATED 8-3-1978 - iemo No. 12/456/81-5JL/22279.DATED 3-12-1982 Vi Memo No. 12/152/83-5J/32987 DATED 12-12-1885 Vi Memo No. 12/49/84-4J-71/34588-90, DATED 29-12-1986 VI, Memo No. 1/889/881H7/23526, DATED 8-7-1991 Para 516-B of the Punjab jail Manual wil be deemed. to have -z2~ amended accordingly.

This policy does not confer not confer any legal right for cremature release of any convict despite the fulfiliment of various conditions mentioned in the policy .

D.S. Bains Dated. 2.8.20%1 Principal Secretary to Government of Punjab‘ Department of Home Affairs and Justice Erast.Nc 1/183/89-1H7 Dated. Chandigarh the A copy is forwarded to the Director General of Po.ice/ Prisons.

Punjab. Chandigarh with the request that a copy of policy may be sent tc the all Superintendents of iails for necessary action accordingly to this policy.

Under Secretary Home

Punjab Pre Mature Release Policy 08.08.2011

The enactment

Full text

Find the provision, not just read it