Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Punjab - Section

Section 3 in Punjab Open Air Jails Rules, 1978

3. Eligibility for detention in Open Air Jail.

- No prisoner shall be selected for detention in Open Air Jail unless -
(i)he is casual prisoner;
(ii)he is not less than twenty-one years and ordinarily not more than fifty years of age and has good physical and mental health without any history of a disease which may be aggravated in the Open Air Jail;
(iii)he is fit for manual labour :
(iv)his previous conduct in jail has been good;
(v)he has not more than one previous conviction;
(vi)he is a prisoner sentenced to rigorous imprisonment for a period of not less than one year or is a prisoner sentenced to simple imprisonment but elects to do labour and in either case the conviction is for an offence other than that mentioned in Chapters V-A, VI and VII of the Indian Penal Code, 1860 and Sections 328, 364, 376, 382, 386 to 389, 395 to 402, 413, 459 and 460 of the said Code and he also fulfils the following conditions :-
(a)in case he is a prisoner sentenced for a period of not more than seven years he has undergone one-fifth of the substantive sentence;
(b)in case he is a prisoner sentenced to more than seven years or sentenced to life imprisonment he has undergone one-fourth of the substantive sentence:
Note - For the purpose of this clause, life imprisonment shall mean imprisonment for fourteen years in the case of prisoners above twenty years of age and ten years in the case of prisoners under twenty years of age;
(vii)he was convicted by a court in the State of Punjab;
(viii)no criminal case is pending against him;
(ix)he had not at any time escaped from the jail;
(x)he is willing to work in the Open Air Jail and has good family background;
(xi)the unexpired portion of his sentence is more than six months on the date he is to be transferred to the Open Air Jail; and
(xii)he has an aptitude for agriculture and is likely to resettle on agricultural land after release.