Section 287L in The General Rules (Criminal), 1977
287L. Transfers to jails reserved for particular classes of prisoners. - The transfer of prisoners to jails reserved for particular classes of prisoners may, in the absence of any special provision to the contrary and subject to any general or special order passed by the Inspector-General, be made by the Superintendent without the previous sanction of the Inspector General, but their nominal rolls should in every case be sent to the Inspector-General for information and record.
Appendix GInstructions regarding procedure to be observed by the State for dealing with petitions for mercy from or on behalf of convicts under sentence of death and with appeals to the Supreme Court and applications for special leave to appeal to that Court by such convictsA - Petition for mercyI. A convict under sentence of death shall be allowed if he has not already submitted a petition for mercy for the preparation and submission of a petition for mercy, seven days after and exclusive of the date on which the Superintendent of Jail informs him of the dismissal by the Supreme Court of his appeal or of his application for special leaves to appeal to the Supreme Court:Provided that in cases where no appeal to the Supreme Court has been preferred or no application for special leave to appeal to the Supreme Court has been lodged the said period of seven days shall be computed from the date next after the date on which the period allowed for an appeal to the Supreme Court or for lodging an application for special leave to appeal to the Supreme Court expires.II. If the convict submits a petition within the above period, it shall be addressed-(a)in the case of a Part A States, to the Governor of the State and the President of India;(b)in the case of Union Territories of the President of India.The execution of sentence shall, in all cases, be postponed pending receipt of their orders.III. The petition shall in the first instance-(a)in the case of States, be sent to the State Government concerned for consideration and orders of the Governor. If after consideration it is rejected it shall be forwarded to the Secretary to the Government of India, Ministry of Home Affairs. If it is decided to commute the sentence of death the petition addressed to the President of India shall be withheld and an intimation of the fact shall be sent to the petitioner.Note. - The petition made in a case where the sentence of death is for an offence against any law exclusively relatable to a matter to which the executive power of the Union extends, shall not be considered by the State Government but shall forthwith be forwarded to the Secretary to the Government of India, Ministry of Home Affairs.(b)in the case of Union Territory, be sent to the Lieut. Governor/Chief Commissioner Administrator who shall forward it to the Secretary to the Government of India, Ministry of Home Affairs, stating that the execution has been postponed pending the receipt of the orders of the President of India.IV. If the convict submits the petition after the period prescribed by instruction I above, it will be within the discretion of the Chief Commissioner or the Government of the State concerned, as the case may be, to consider the petition and to postpone execution pending such consideration and also to withhold or not to withhold the petition addressed to the President. In the following circumstances, however, the petition shall be forwarded to the Secretary to the Government of India, Ministry of Home Affairs-(i)if the sentence of death was passed by an Appellate Court on an appeal against the convicts acquittal or as a result of an enhancement of sentence by the Appellate Court, whether on its own motion or on an application for enhancement of sentence, or(ii)when there are any circumstances about the case, which in the opinion of the Lieut. Governor/Chief Commissioner/Administrator or the Government of the State concerned, as the case may be, render it desirable that the President should have an opportunity of considering it, as in cases of a political character and those in which for any special reason considerable public interest has been aroused. When the petition is forwarded to the Secretary to the Government of India, Ministry of Home Affairs, the execution shall simultaneously be postponed pending receipt of orders of the President thereon.V. In all cases in which petition for mercy from a convict under sentence of death is to be forwarded to the Secretary to the Government of India, Ministry' of Home Affairs, the Lieut. Governor/Chief Commissioner/Administrator of the Government of the State concerned, as the case may be, shall forward such petition as expeditiously as possible along with the record of the case and his or its observations in respect of any of the grounds urged in the petition. In the cases of States, the Government of the State concerned shall, if it had previously rejected any petition addressed to itself or the Governor also forward a brief statement of the reasons for the rejection of the previous petition or petitions.VI. Upon the receipt of the order of the President an acknowledgement shall be sent to the Secretary to the Government of India, Ministry of Home Affairs, immediately in the manner hereinafter provided. In the case of Assam and the Andaman and Nicobar Islands, all orders will be communicated by telegram and the receipt thereof shall be acknowledged by telegram. In the case of other States and Union Territories if the petition is rejected the orders will be communicated by express letter and receipt thereof shall be acknowledged by express letter. Orders commuting the death sentence will be communicated by express letter in the case of Delhi and by telegram in all other cases and receipt thereof shall be acknowledged by the express letter or telegram, as the case may be.VII. A petition submitted by a convict shall be withheld by the Lieut. Governor/Chief Commissioner/Administrator or the Government of the State concerned, as the case may be, if a petition containing a similar prayer has already been submitted to the President. When a petition is so withheld the petitioner shall be informed of the fact and of the reason for withholding it.VIII. Petitions for mercy submitted on behalf of a convict under sentence of death shall be dealt with mutatis mutandis, in the manner provided by these instructions for dealing with a petition from the convict himself. The petitioner on behalf of a condemned convict shall be informed of the orders passed in the case. If the petition is signed by more than one person, it shall be sufficient to inform the first signatory.The convict himself shall also be informed of the submission of any petition on thus behalf and of the orders thereon.B - Appeal to the Supreme Court and passed Application for Special Leave to Appeal to the Supreme Court.IX. Whenever a sentence of death has been passed by any Court or Tribunal, the sentence shall not be executed until after the dismissal of the appeal to the Supreme Court or of the application for special leave to appeal to the Supreme Court or in case no such appeal has been preferred or no such application has been lodged until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court :Provided that if a petition for mercy has been submitted by or on behalf of the convict, execution of the sentence shall further be postponed pending the orders of the President thereon.Note (1). - If the sentence u death has been passed on more than one person in the same case and if an appeal to a higher Court or an application for special leave to appeal to the Supreme Court is lodged by or, on behalf of only one or more but not all of them the execution of the sentence shall be postponed in the case of all such persons and not only in the case of the person or persons by whom or on whose behalf the appeal or the application is lodged.Note (2). - The date of execution of the convict under sentence of death shall always be fixed after the expiry of the period of limitation prescribed for preparing of application for special leave to the Supreme Court by or, on behalf of the convict i.e., 60 days after the order refusing certificate of leave by the High Court.X. On receipt of the intimation of the lodging of an appeal to the Supreme Court or of an application for special leave to appeal to that Court or of an intention to do so, the Lieut-Governor/Chief Commissioner/Administrator or the Government of the State concerned, as the case may be, shall forthwith communicate by telegram to the agent to the Government Advocate, Ministry of Law and also to the Secretary to the Government of India, Ministry of Home Affairs-(i)the name of the convict under sentence of death ; and(ii)particulars relating to the appeal or the application.If it is desired to oppose the appeal or the application, three copies of the Paper Book and of the Judgment of the High Court of the Judicial Commissioner's Court or the Tribunal as the case may be,(one copy of each being a certified copy), a power of attorney in the form prescribed by the Supreme Court and instructions, if any, for the purpose of opposing the appeal or the application shall be immediately sent to the Government Advocate, Ministry of Law. Notice of the intended appeal or application, if and when served by or on behalf of the convict, shall also be transmitted to him without delay. If the intended appeal or application is not lodged within the period prescribed by the Supreme Court Rules, the Government Advocate shall intimate the fact by telegram to the Lieut-Governor/Chief Commissioner/Administrator or the Government of the State concerned, as the case may be. The execution of the sentence shall not thereafter be postponed, unless a petition for mercy has been submitted by or on behalf of the convict.XI. If an appeal or an application for Special leave to appeal, has been lodged in the Supreme Court on behalf of the convict, the Government Advocate, Ministry of Law will intimate the fact to the Lieut-Governor/Chief Commissioner/Administrator or the State Government as, the case may be and also to the Secretary to the Government of India, Ministry of Home Affairs. The Government Advocate will keep the aforesaid authorities informed of all developments in the Supreme Court, in those cases which present unusual features. In all cases however, he will communicate the result of the appeal or application for special leave to appeal to the Lieut-Governor/Chief Commissioner/ Administrator or the State Government, as the case may be, by telegram in the case of Assam and by an express letter in other cases, endorsing a copy of his communication to the Secretary to the Government of India, Ministry of Home Affairs. The Lieut-Governor/Chief Commissioner/Administrator or the State Government, as the case may be, shall forthwith acknowledge the receipt of the communication received from the Government Advocate, Ministry of Law. A certified copy of the judgment of the Supreme Court in each case will be supplied by the Government Advocate, Ministry of Law, in due course to the Lieut Governor/Chief Commissioner/Administrator or the State Government, as the case may be, who shall acknowledge the receipt thereof The execution of the sentence of death shall not be carried until after the receipt of the certified copy of the judgment of the Supreme Court dismissing the appeal or the application for special leave to appeal and until an intimation has been received from the Ministry of Home Affairs about the rejection by the President of India, of the petition for mercy submitted, if any, by or on behalf of the convict.Appendix HCriminal Courts and Court-Martial Adjustment of Jurisdiction Rules, 1978In exercise of the powers conferred by sub-section (1) of Section 475 of the Code of Criminal Procedure, 1973 (2 of 1974), and in supersession of the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1968, the Central Government hereby makes the following rules for the trial of the persons subject to military, naval, air force, or Coast Guard law, or any other law relating to the Armed Forces of the Union by a Court to which the said Code applies, or by a Court-Martial, namely:
