(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:-
SCHEDULE (period in years) | A B C | D I E | For convicts | For Convicts who For Convicts who have Other life | Other-life ! whose death | have been been imprisoned for life convicts 1 convicts f sentence has | imprisoned for for offences for which imprisoned for been offences for which | death is one of life for !
commuted to | death is ona of the | punishments but crimes offences for i | life punishments and are not considered which the | | imprisonmen | have committed heinous. death is not !
t. heinous crime one of the punishments ! | and have i | committed | heinous crime i Actu | Impri | Actual Imprison | Actual Impris | Actual | Imprisonment | Actu | Impr ¢ al s imprison | with inprison | onme’ ! impris | with al | sonr | Impri | onme | ment remissio | ment mt onmen | remissions impri | ent s nt ns | with t | ison with ! onm [ with | | remiss i | ment 1 remi lent iremis | | | ions I ! siont ! | sions i | | Adults v 14 20 12 118 10 14 10 14 8 114 . I 12 | Female/ | 10 14 8 12 8 112 8 12 16 10 | Miner | | i i | i "Prisoner | 7 10 6 9 HE ] 6 HE) 5 8 /s of | : | | eighty | ! i ! ; ] | years or ] | ! ; i | | | above ‘ | i | Lace I K
(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.