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[Cites 0, Cited by 0] [Section 500] [Entire Act]

Bengal Presidency - Subsection

Section 500(3) in Police Regulations, Bengal , 1943

(3)P.R.T., 565.Class (1) indicates prisoners who are to be released from the jail where they are confined on the expiration of their sentence; class (2) indicates those who are to be transferred for release to the jails either of their native districts or of their district of domicile; except persons convicted under the Goondas Act, 1923 (Bengal Act I of 1923) or the Presidency Area (Emergency) Security Act, 1926 (Bengal Act III of 1926), who shall not be released from any jail within the area from which they have been externed (see notes below) and class (3) are convicts against whom orders under section 565 of the Code of Criminal Procedure have been passed.Class (1) shall comprise persons about whose release it is desirable to give the police timely warning, but who are likely to avail themselves at once of the means furnished them by the Jail Department and return home, and who are not likely to revert to crime where they are unknown.Class (2) shall comprise convicts of a dangerous type who are likely to revert to crime before returning home if released at a distance from their homes. Amongst them may be included (i) members of known criminal tribes imprisoned for an offence of any kind, (ii) all members of notorious criminal communities bound down under section 109 or 110 of the Code of Criminal Procedure, (iii) members of wandering gangs, (iv) convicts who have no regular residence, (v) all convicts undergoing imprisonment for smuggling opium or cocaine, (vi) persons convicted under the Goondas Act, 1923 (Bengal Act I of 1923) or the Presidency Area (Emergency) Security Act, 1926 (Bengal Act III of 1926), and (vii) habituals or persons who are considered likely to take steps to avoid police surveillance.Class (3) shall comprise prisoners on whom orders under section 565 of the Code of Criminal Procedure have been passed. They shall be made P.R.T.Note. - In the case of persons convicted under the Goondas Act or the Security Act, the following procedure is proscribed :-Persons externed from Bengal under section 6(1)(a) of the Goondas Act or section 4(2) of the Security Act shall be made P.R.T. either to the jail of the district of their domicile or (if their domicile is in an Indian State) to the jail of the district in British India nearest to their domicile.Persons externed from the Presidency Area, under section 6(1)(b) of the Goondas Act, or section 4(1) of the Security Act shall be made P.R.T. to any jail in Bengal outside that area.
(b)
(i)P.R. slips of P.R.T. prisoners shall show the jail from which they are to be released.
(ii)Members of criminal tribes shall be transferred to their province of origin for release.
(iii)Members of wandering gangs will be released from the jails of the district in which they are sent up for trial. A convict who has no regular residence shall be released from the jail of the district of his intended place of residence.
(iv)P.R.T/565 prisoners shall be released from the jail of their native district or from the jail nearest to their intended place of residence as notified by them, if it is not situated in their native district as laid down in rule 541 of the Bengal Jail Code.
(v)Persons originally residents of foreign districts or provinces, who, for any reason, have become permanently domiciled in any part of Bengal, shall be transferred for release to the jail of the district of domicile, and not to that of the district of original residence.
Note. - Alipore/Howrah/Dum Dum shall be shown as the jail of release in the P.R. slips of prisoners to be released from the Howrah Jail.