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State of Punjab - Section

Section 431 in Punjab Jail Manual, 1996

431. Procedure under Article 161 of the Constitution and Sections 432, 433 and 433-A of Cr. PC 1973.

(1)
(i)Minimum periods of imprisonment to be undergone for a convict before consideration of application for exercise of powers of the Government under Article 161 of the Constitution or sections 432, 433 and 433-A of Cr.P.C. 1973 are as under : -
Periods In Years
A B C D E
For convicts whose death sentence has beencommuted to life imprisonment Convicts who have been imprisoned for life foroffences for which death is a punishment and have committedheinous crime Convicts who have been imprisoned for life foroffences for which death is a penalty but crimes are notconsidered heinous Other life convicts imprisoned for life foroffences for which the death penalty is not a punishment and havecommitted heinous crime Other life convicts
A B C D E
Actual imprisonment Imprisonment with remission Actual imprisonment Imprisonment with remission Actual imprisonment Imprisonment with remission Actual imprisonment Imprisonment with remission Actual imprisonment Imprisonment with remission
1 2 3 4 5
Adults
14 20 12 18 10 14 10 14 08/01/02 14
Females/minors
10 14 8 12 8 12 8 12 6 10
A. Heinous crimes with reference to column 'B' of l(i) above are defined as follows :
(i)Offence under Section 302 along with 347 of the IPC i.e. murder with wrongful confinement for extortion.
(ii)Section 302 with 375 i.e. murder with rape.
(iii)Offence of dacoity with murder.
(iv)Offence under Section 302 along with offences under the Terrorist and Disruptive Activities (Prevention) Act, 1987.
(v)Offence under Section 302 along with offence under the Untouchability (Offences) Act, 1955.
(vi)Offence under Section 302 where murder has been committed in connection with any dispute over dowry and this is indicated in the Judgment of the Trial Court.
(vii)Offence under Section 302 where the victim is a child under the age of 14 years.
(viii)Double murder and murder committed after conviction while inside the jail or on parole or on expiry of sentence shall be treated as heinous crime.
(ix)Any conviction under Section 120-B of the IPC.
Heinous crime with reference to column 'D' of the revised policy are defined as follows
(1)Offence under Section 304(b) of the IPC, i.e. a dowry death.
(2)Offence under Section 304 along with Section 347 of the IPC i.e. culpable homicide with wrongful confinement for extortion.
(3)Offence under Section 304 with Section 375 i.e. culpable homicide with rape.
(4)Offence under Section 304 along with offence under the Terrorist and Disruptive Activities (Prevention) Act, 1987.
(5)Offence under section 304 where culpable homicide has been committed in connection with any dispute on dowry and this is indicated in the judgment of the trial court.
(6)Offence under Section 304 where the victim is a child under the age of 14 years.
(7)Any conviction under Section 120-B of the IPC i.e. for criminal conspiracy in connection with the above crimes.B. I. Adults are defined as persons above the age of 18 years.II. The cases of premature release will only be considered provided the convict has maintained good conduct in jail. For this purpose good conduct means that he has not committed any jail offence for a period of 5 years prior to the date of his eligibility for consideration for release as per Para 1.1 above.III. Cases for premature release will only be considered if the Government is satisfied that in the event of release of the convict there is no likelihood of the convict committing a crime or breach of peace in any way connected with the circumstances of the crime for which he was originally convicted.IV. The Government reserves the right to exercise its powers under Article 161 of the Constitution in any way it deems fit.