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Section 705: Remission

The Rajasthan Prisons Rules, 2022State Rules of Rajasthan · 1894

(1) The types of remissions may be granted to prisoners shall be as under, namely:-

(a) Remission under the provision of the Prisons Act, 1894 (Central Act No. 9 of 1894) and rules made thereunder. This may be earned by all eligible prisoners if they fulfill the required conditions provided hereinafter and this remission is called ordinary remission;

(b) Remission in sentence granted by the Government under section 432 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). The Government may remit the sentence of a prisoner on case to case basis by following the procedure laid down under section 432 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) and it cannot deviate from the procedure prescribed under section 432 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) while remitting the sentence of the prisoner on his request and this remission is called State Government remission; and

(c) The President or the Governor has all the powers to grant remission to any prisoner on his request as well as grant general remission to the specified category of prisoners on special occasions on the recommendation of the Council of Ministers by exercising powers under article 72 or 161 of the Constitution of India, as the case may be.

(2) The provisions of this chapter therefore apply only on remission to be granted by Prison authorities under clause (a) of sub-rule (1).

(3) Remission system aims at the reformation of a prisoner and the scheme shall be intended to ensure prison discipline and good conduct on the part of the prisoners and to encourage them to learning and better work culture, with the prospect of their early release from prison as an incentive.

(4) Remission is a concession, which can be granted to prisoners by the State Government or by the Head of Directorate of Prison and Superintendent of Prisons, this concession shall subject to subsequent withdrawal or forfeiture or revocation and the State Government shall reserve the right to debar or withdraw any prisoner, or category of prisoners, from the concession of remission.

Where this provision sits

ActThe Rajasthan Prisons Rules, 2022
Section705
Marginal noteRemission
JurisdictionState of Rajasthan
StatusIn force as published by the source

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