Section 8 in Rajasthan Prisons (Shortening of Sentences) Rules, 1958
8. Prisoners eligibility for consideration by the Advisory Board.
- The Advisory Board shall be entitled to consider cases of the following types of prisoners only:-(i)A prisoner other than habitual criminal undergoing a substantive sentence of three years or over who has completed two years of imprisonment or half of his sentence whichever is greater, including remission;(ii)A prisoner being a habitual criminal who has served 2½ years of his substantive sentence, including the period of remission, or has served two thirds of sentence including the period of remission, whichever is greater.(iii)[ (a) a prisoner sentenced to transportation for life or to more than 14 years of imprisonment, except one specified in sub-rule (b) below, who has served 2/3rd of his sentence or 13 years 8 months of imprisonment, including remission, whichever is less, a sentence for transportation for life will be construed to be one of imprisonment for 20 years for this purpose. The period of imprisonment shall include sentence in default of payment of fine, if the same has not been paid. The remission actually earned by a prisoner shall be taken into account by the Advisory Board and not a special remission granted in celebration of public function for example. Independence Day, Republic Day etc. [Substituted by Notification dated 15-10-1990, Published in R.G.Gazette, Part IV-C, dated 28-5-1992, p.217.](iii)(b)A prisoner who has been sentenced to imprisonment for life after 18-12-1978 for an offence for which death penalty is one of the punishments provided by law or who has been sentenced to death but this sentence has been commuted under S.443 of Cr.P.C. into one of life imprisonment after 18-12-78, if he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial.](iv)Prisoners awarded long term sentences by Court-Martial and have served two-thirds of their sentences including the period of remissions.(v)Prisoners suffering from infectious diseases, such as Leprosy, tuberculosis: provided their disease is likely to be dangerous to other prisoners and conditions prescribed in rule 7 are fulfilled:(vi)[ Prisoners who have attained the age over 65 years in case of male prisoners and over 55 years in case of women prisoners, 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 and are not covered under clauses iii(a) and iii(b) above.] [Substituted by Notification Published in R.G.Gazette, Part IV-C, Extraordinary dated 9-3-1993.][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 in connection with some celebrations like Independence Day, Republic Day, Centenary Celebrations of National Leaders, visit of some dignitary to the Jail, etc.] [Added vide Notification Published in R.G.Gazette Part IV-C, dated 22-7-1971.]
