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State of Assam - Section

Section 68 in Assam Prisons Act, 2013

68. Day-Release.

(1)In exceptional cases where a person is detained in prison under a sentence of imprisonment and the State Government, after taking into account (i) his antecedents, (ii) the nature and gravity of the offence for which he has been convicted, and the way in which the offence was committed, (iii) his conduct in prison and (iv) such other factors as considered relevant and important, is satisfied that his prospects of rehabilitation after release from prison are likely to be substantially enhanced if he is enabled to acquire better qualification or vocational training of a formal nature in any institution or establishment outside the prison, and he is not likely to commit any offence if, for this purpose, he is let out of the prison during the day time, the State Government may, subject to rules made under this Act, by order allow such person to be let out of prison during the day time to attend an educational institution or to undergo training or apprenticeship in a vocational or industrial establishment, upon his giving an undertaking in writing to observe the conditions specified in the order and upon his entering into a bond with surety to return to the prison every day immediately after attending such institution or establishment, and subject to supervision of a Parole Officer, who may be a Probation Officer appointed under the Probation of Offenders Act, 1958 (Central Act 20 of 1958) or any other officer appointed by the State Government to be a Parole Officer.
(2)Before making an order under sub-section (1), the State Government shall take into consideration the recommendation of the Review Board constituted under section 22.
(3)The State Government may at any time, on being satisfied that the person granted day-release under subsection (1) has failed to observe any of the conditions of such day-release, or otherwise in its discretion, revoke an order for day-release.
(4)An order of revocation made under sub-section (3) shall specify the date with effect from which the order for day-release shall cease to be in force and shall be served upon the person to whom day-release is granted in such manner as may be prescribed by rules made under this Act.