Section 3 in U.P. Prisoners' Release On Probation Rules, 1938
3. [ Ineligibility for release. [Substituted by Notification No. 1155-P/22-1583-46, dated 31st July, 1974.]
- The following classes of prisoners shall not be released under the Act:(a)Those convicted of offences under the following provisions of the Indian Penal Code,1860:Chapters V-A, VI and VII and Sections 216-A, 224 and 225 (if it is a case of escape from a jail), 231, 232, 303, 311, 328, 364, 376, 382, 386 to 389, 392 to 402, 413, 459, 460, 489-A and Section 511 of I.P.C. read with any of the aforesaid Sections;(b)Those convicted under Sections 7 and 8 of the Act or whose licence has been previously revoked on account of the breach of the conditions of the licence;(c)Those whose application for release other than an application under Section 8 of the Act, were on a previous occasion rejected by the State Government.](d)Those sentenced to a period of one year or less under any sections of the Indian Penal Code or under any other Act.[Explanation. [Inserted by Notification No. 1596/22-1583-1946, dated 11th July, 1991.] - The rule in clause (c) precludes a convict from himself applying, a second time for release under Section 2 of the Act, but the State Government may direct the Inspector General of Prisons to place any case, which has already been once rejected for re-consideration before the Board referred to in sub-rule (5) of Rule 6].
