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Section 31 – The Prisoners Act,1900

The Prisoners Act,1900

Section 31. Repealed

[Removal of prisoners from territories under one Local Government to territories under another] Rep. by Section 4 and Schedule III of the Amending Act,1903 (1 of 1903).

STATE AMENDMENT

Bihar

After Part VI inserts the following part, namely: –

PART VI-A 31-A. Constitution of District Parole Board.

There shall be established for each district a District Parole Board consisting of the District Magistrate, the Superintending of Police, two members of the State Legislature to the nominated by the State Government and the Superintend of the District Jail, or, if there is a Central Jail in the District, the Superintendent of that Jail.

31-B. Release of prisoners on parole.

(1) The Government, or any authority to which the State Government may delegate is powers in this behalf, may, on recommendation of this District Parole Board, direct that a prisoner may be released, either without conditions or upon such conditions as may be specified in the direction, for any period not exceeding thirty days at a time, excluding the time required for journeys and the days of departure from, and the arrival at, the prison:

Provided that no prisoner shall be released under this sub- section, unless-

(a) He has served a period of not less than one year excluding remissions of his sentence:

(b) His conduct in prison has been, in the opinion of the District Parole Board, uniformly good;

(c) There is, in the opinion of the District Parole Board, reasonable probability that during the period of his release he shall not commit any crime; and

(d) In the case of a second or subsequent release, not less than six months have elapsed from the date of the expiry of this previous release:

Provided further that no prisoner shall be released under this subsection more than three times.

(2) The provisions of sub-section (1) shall not apply to a prisoner, –

(i) Who has been convicted of an offence specified in the Schedule annexed to this part: or

(ii) Who has been classified, as a habitual criminal under the sub-section (1) shall count towards the total period of his sentence, provided that he surrenders on the due date and his conduct has been satisfactory during the period he was outside the jail on parole.

31-C. Power to release prisoners for special reasons.

(1) Notwithstanding anything to the contrary contained in Section 31-B or in any other law for the time being in force, the State Government, or any authority to which the State Government may delegate its powers in thus behalf, may, for any special reasons, direct that a prisoner may be released for a period not exceeding fifteen days (excluding the time required for journeys and the days of departure from, or arrival at, the prison), either without conditions or upon such conditions specified in the direction as the prisoner accepts, and may, at any time cancel his release.

(2) The authority directing the release of any prisoner under sub-section (1) may require him to enter into a bond with or without surities for the due observance of the conditions specified in the direction.

(3) If any person released under sub-section (1) fails to fulfils any of the conditions imposed upon him under the said sub- section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to the penalty thereof:

Provided that no prisoner shall, without the special sanction of the State Government, he released under this section, unless-

(i) He has served at least six months of his sentence including remissions;

(ii) His conduct has been, in the opinion of the Superintendent of the jail in which he is se
rving his sentence, infirm
ly good;

(iii) He is not a habitual criminal under the rules made under the Prisons act,1894; and

(iv) The offence for which he has been convicted, does not, in the opinion of the authority directing the release, involve grave moral turpitude or mental depravity.

31-D. Surrender of a prisoner on the expiry of the period of a temporary release.

(1) Any prisoner released under Section 31-B, or Section 31-C, shall Surrender himself to the officer in-charge of the prison from which he was released; and, if the prisoner does not surrender himself he may be arrested by any police officer without a warrant and shall be remanded to custody to undergo the unexpired period of his sentence.

(2) Any prisons, who does not surrender himself as required by sub-section (1), shall be liable, upon conviction, to be punished with imprisonment of either description for a term which may extend two years or to a fine which may extend to fore hundred rupees, or with both.

31-E. Power to make rules.

(1) The State Government may make rules for carrying out the purposes of this Part.

(2) In particular and without prejudice to the generality of the foregoing provision such rules may provide for-

(a) The procedure to the followed in respect of the proceedings for the release of prisoners;

(b) The conditions of release of prisoners including conditions for supervision during the period of such release;

(c) Travelling allowances for prisoners during the period of release; under Section 31-A or Section 31-B; and

(d) Restrictions on the movements of prisoners during the period of release; and under Section 31-A Section 31-B.

THE SCHEDULE

[See Section 31-B (2)]

1. An offence punishable under Section 119 IPC.

2. An offence punishable under Sections 121,121-A,122,123,128 or 130 of the IPC.

3. An offence punishable under Section 131 or 132 IPC.

4. An offence punishable under Section 194 or 195 IPC.

5. An offence punishable under Section 232,235,238 or 240 IPC.

6. An offence punishable under Sections 302, 303, 304, 306 or 307 of IPC.

7. An offence punishable under Sections 313, 314, or 316 of IPC.

8. An offence punishable under Sections 364, 366, 366-A, 366-B, 367 or 372, IPC.

9. An offence punishable under Section 376 or 377 of IPC.

10. An offence punishable under Sections 392, 394, 395, 396, 397, 398, 399 or 400 of IPC.

11. Any conspiracy to commit or any attempt to commit or any abetment of any of the aforesaid offences” . [Bihar Act 23 of 1956].

Tripura

In its application to the State of Tripura after Part VI insert the following.

PART VI-A 31-A. Temporary release of Prisoners.

(1) The State Government or such authority as the State Government may empower in this behalf may, subject to the provisions contained in Sections 433 and 433-A of the Code of Criminal Procedure,1973 and to such conditions as may be prescribed under Section 31-D at any time, release, temporarily for a period not exceeding one month at a time excluding the time required for journey from and to the prison, any prisoner who, having been sentenced to imprisonment for a term of two years or more has actually undergone imprisonment for not less than one year:

Provided that before a prisoner is released under this sub-section he shall have to execute a bad with or without sureties as the State Government or other authority making the order of release may determine, for good behaviour during the period of release and for observing the conditions of the release.

Explanation.- In this Part ” Prisoner dose not include a person convicted of any offence under Chapter VI or Chapter VII or under any of Sections 392 to 402 (both inclusive), of th
e Indian Penal Code,1860, or classified as a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act,1894.

(2) No prisoner shall be released under sub- section (1) unless-

(a) He shall have, after the expiry of the period of release, at least one year of further imprisonment to undergo;

(b) The officer in-charge of the prison certifies that the conduct of the prisoner in the prison has been good.

(3) Every prisoner shall, when released under sub-section (1), remain within Tripura during the period of such release.

(4) The provisions of Section 446, 447 and 449 of the Code of Criminal Procedure,1973, shall, as far as may be, apply in respect of bonds executed, with or without sureties, in pursuance of the proviso to sub-section (1).

(5) The order granting release may be cancelled by the State Government or any other authority making the order for any reason considered sufficient by it shall be so cancelled if, during the period of release, the prisoner contravenes any of the conditions of the release or commits any offence.

(6) Subject to the provisions of sub-section (2) of Section 31 -C of the period- of release of a prisoner under sub- section (1) shall count towards the total period of, .his -sentence.

31-B. Special provision for ‘release on long-term parole.

Notwithstanding anything contained in Section 31 -A and subject to the provisions of. Sections 433 and 433-A of the Code of Criminal ‘Procedure,1973 or any other law for the time being in force the State Government may, subject to such conditions as may be prescribed by rules made under Section 31, -D at any time, dir ct that a prisoner may be released upon such conditions as may be, Specified in the directions for any period not exceeding two years and may at any time cancel his release:

Provided that it the State Government having regard to the conduct and behaviour of the prisoner released on parole is satisfied that the release of the prisoner shall continue after expiry of the period of two years aforesaid it may, from time to time, issue directions for such continuance for such period, not exceeding one year at a time, as may be specified in the directions; so however, that the total period of such continuance in parole (after the expiry of the said period of two years) does not exceed eight years:

Provided further that no prisoner shall be released under this sub-section, unless-

(a) He has been sentenced to undergo rigorous imprisonment for ten years or more;

(b) He has served at least 5 years of his sentence excluding remission of his sentence but including the period of detention, if any, spent by him during trial and the period spent on temporary release on parole under Section 31-A;

(c) His conduct has been in the opinion of the Superintendent of Jail in which he ha,,; served the sentence uniformly good;

(d) He is not a habitual criminal under the rules made under the Prisons Act,1894 and had not more than three previous convictions;

(e) The offences for which he has been convicted, does not in the opinion of the State Government involves gross moral turpitude or mental depravity.

(2) The State Government while directing to release of any prisoner under sub-section (1) may required him to enter into a bond with or without surety for the due absence of the conditions specified in the directions and the provisions of Sections 446, 447, 448 and 449 of the Code of Criminal Procedure,1973, as far as may be, apply in respect of bond executed under sub-section (I).

(3) If any prisoner released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub- section or in the bond entered into by him, the bond shall be declared to be forfeited any prisoner bound thereby shall be liable to the penalty thereof.

(4) Subject to the p
rovisions of sub-section (2) of Section 31-C the period of release of a prisoner under sub-section (1) shall court towards the period of his sentence.

31-C. Surrender by prisoners after release period.

(1) On the expiry of the period for which a prisoner is released under sub-section (1) of Section 3 1 -A or under Section 31 -B he shall surrender himself to the officer incharge of the prison from which he is released.

(2) If a Prisoners does not surrender himself as required by sub- section (1), he may be arrested by any police officer without a warrant and shall be remanded to undergo the unexpired portion of his sentence (the period of release not being counted towards the total period of his sentence) and shall also be punishable under Section 46 of the Prisons Act,1894, as if he has committed a prison offence referred to in Section 45 of that Act.

31-D. Power to make rules.

(1) The State Government may make rules for carrying out the purposes of this Part.

(2) In particular and without prejudice to the generality of the foregoing provisions of such rules may provide for-

(a) The procedure to be followed in respect of the proceedings for the release of prisoners under Section 31-A, or under Section 31-B;

(b) The conditions of release of prisoners under Section 31- A, or as the case may be, of extension of release under Section 31-B including conditions for supervision during the period of such release;

(c) Travelling allowances for prisoners during the period of release under Section 31-A or Section 31-D; and

(d) Restrictions on the movements of prisoners during the period of release under Section 31-A or Section 31-B.

(3) Every rule made under this part shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid the Legislative Assembly makes any modification in the rule or decide that the rule shall not be made, the rule shall thereafter had effect only in such modified from or be of no effect; as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously [Tripura Act 20 of 1979].

West Bengal

In its application to the State of West Bengal, after part VI insert the following::

PART VI-A 31-A. Temporary release of Prisoners

(1) The State Government or such authority as the State Government may empower in this behalf may, subject to the provisions of this Part and to such conditions as may be prescribed by rules made under Section 31-C, at any time, release temporarily for a period not exceeding one month excluding the time required for journey from and to the prison, any prisoner who, having been sentenced to imprisonment for a term of more than two years, has actually undergone imprisonment for not less than one year:

Provided that before ii prisoner is released under this sub-section he shall have to execute a bond, with or without sureties as the State Government or other (authority) making the order of release may determine, for good behaviour during the period of release and for observing the conditions of the release:

Provided further that a prisoner who has previously been temporarily released under this sub-section shall not again be so released unless after his return to prison from the last temporary release there shall have elapsed-

(a) In the case of a prisoner sentenced to imprisonment for a term of less than five years, a period of one year, or

(b) In the case of a prisoner sentenced to imprisonment for a term of five years or more, a period of two years.

Explanation.In this Part ‘prisoners’ does no
t include a person convicted of any offence under Chapter VI or Chapter VII or under any of Sections 392 to 402 (inclusive), of the Indian Penal Code or classified as a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act,1894.

(2) No prisoner shall be released under sub- section (1) unless-

(a) He shall have, after the expiry of the period of release, at Least one year of further imprisonment to undergo;

(b) He has undergone, with remission earned, imprisonment for-

(i) In the case of a prisoner sentenced to imprisonment for a term of less than five years, half the period of his sentence, or

(ii) In the case of a prisoner sentenced to imprisonment for a term of five years or more, half the period of his sentence or a period of three years, whichever is less;

(c) The officer in-charge of the prison certifies that the conduct of prisoner in the prison has been good.

(3) Every prisoner shall, when released under sub- section (1), remain within West Bengal during the period of such release.

(4) The provisions of Sections 514, 514-A, 514-D and 515 of the Code of Criminal Procedure,1898, shall, as far s may be, apply in respect of bonds executed, with or without sureties, in pursuance of the first proviso of sub-section (1).

(5) The order granting release may be cancelled by the, State Government or other authority making the order for any reason considered sufficient by it and shall be so cancelled if, during the period of release, the prisoner contravenes any of the conditions of the release or commits any offence,

(6) Subject to the provisions of sub-section (2) of Section 31-D, the period of release of a prisoner under sub-section (1) shall count towards the total period of his sentence.

31-B. Surrender by prisoner after release period.

(1) On the expiry of the period for which a prisoner is released under sub-section (1) of Section 31-A, he shall surrender himself to the officer in-charge of the prison from which he is released.

(2) If a prisoner does not surrender himself as required by sub- section (1), he may be arrested by any police officer without a warrant and shall be remanded to undergo the unexpired portion of his sentence (the period of release not being counted towards the total period of his sentence) and shall also he punishable under Section 46 of the Prisons Act,1894, as if he had committed a prison offence referred to in Section 45 of that Act.

31-C. Power to make rules.

(1) The State Government may make rules for carrying out the purposes of this Part.

(2) ID particular and without prejudice to the generality of the foregoing provision such rules may provide for-

(a) The procedure to be followed in respect of t he proceedings for the release of prisoners under Section 31-A;

(b) The conditions of release of prisoners under Section 31-A including conditions for supervision during the period of such release;

(c) Travelling allowances for prisoners during the period of release under Section 31 ” A; and

(d) Restrictions on the movements (if prisoners during the period of release under Section 31-A [West Bengal Act 13 of 1955].

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