Section 8 in Rajasthan Prisons (Shortening of Sentences) Rules, 2006
8. Prisoners eligibility for consideration by the advisory Board.
(1)The Advisor Board may consider the cases of the following type of prisoners only:-(i)a prisoner undergoing a substantive sentence of five years or over, and who has completed two thirds of imprisonment, including remission;(ii)a prisoner sentenced to imprisonment for life or for more than 14 years, and who has served 2/3rd of his sentence excluding remission or 13 years 4 months of imprisonment including remission) whichever is less. The period of imprisonment shall include sentence in default of payment of fine, if the same has not been paid;(iii)Prisoners awarded sentences by Court-Martial who have served two-third of their sentences including the period of remissions;(iv)Prisoners suffering from fatal diseases like cancer, AIDS, or infectious diseases, such as leprosy; provided their disease is likely to be dangerous to other prisoners and conditions prescribed in rule 7 are fulfilled;(v)Prisoners who are completely blind or handicapped and are wholly dependent on others for their daily routine work;(vi)Prisoners who have attained the age of 70 years in case of male prisoners and 65 years in case of women prisoners and who have completed at least one third of their sentence, and in whose case no public interest is likely to be served by keeping them in prison, provided they are serving sentences for their first and only conviction.(2)Notwithstanding anything in sub-rule (1)-(i)a prisoner who has been sentenced-to imprisonment for life for an offence for which death penalty is one of the punishment provided by law or who has been sentenced. to death but his sentence has been commuted under Section 433 of Code of Criminal Procedure, 1973, into one of imprisonment for life, shall be considered only after he has served 14 years of actual imprisonment excluding remission but including the period of detention spent during enquiry, investigation or trial, on the condition that such a prisoner shall also have to earn a minimum of 4 years of remission in order to be eligible for consideration.(ii)prisoners sentenced to imprisonment for life under Sections 304-B, 376, 396, 467, and 489-D of the Indian Penal Code may be considered for premature release only after completion of 14 years of actual imprisonment (with the period undergone during trial), on the condition that such a prisoner shall also have to earn a minimum of 4 years of remission in order to be eligible for consideration.Explanation. - For the purpose of this rule, remission shall mean only that part of the remission which is actually earned by a prisoner in accordance with the provisions of the Jail Manual but shall not include any special remission that may be awarded to prisoners in general to mark the occasion of some events like Independence Day, Republic Day, Centenary Celebrations of National Leaders, visit of some dignitaries to jail, etc.
