Section 58 in The West Bengal Correctional Services Act, 1992
58. Remission.—
(1)All criminal prisoners sentenced to rigorous imprisonment for any period exceeding three months shall be entitled to remission at the rate of four days per month. If a part of a month exceeds fifteen days it shall be reckoned as a month.(2)In addition to the remission admissible under sub-section (1), the Superintendent may grant special remission to a criminal prisoner at such rate as may be prescribed in consideration of meritorious service, arduousness of labour, extra labour, consistency in work and strict adherence to discipline and proficiency in educational and cultural affairs of the prisoner.(3)If any civil prisoner, under-trial prisoner or criminal prisoner sentenced to simple imprisonment for a term exceeding three months, opts for, and engages himself in, labour, he shall be entitled to remission under sub-section (1).(4)If any criminal prisoner referred to in sub-section (1) withdraws from, or refuses to perform, any sort of work, he shall not be entitled to remission under sub-section (1) until he resumes work and, on such resumption, he shall be entitled to remission under that sub-section.(5)Notwithstanding anything contained in the foregoing provisions of this section, if a person serving a sentence in a correctional home, being convicted for any offence affecting human body or property, commits an offence punishable under sections 148, 224, 302, 304, 307, 308, 326, 354 or 377 of the Indian Penal Code (45 of 1860), and is convicted for the same by a competent Court, be shall not be entitled to remission under sub-section (1) during the remaining period of the sentence for the first conviction or during the period of the sentence for the second conviction.(6)The Inspector General of Correctional Services may grant special remission to a prisoner on such grounds and to such extent as may be prescribed.(7)The State Government may by order grant remission to all prisoners on any festive or memorable occasion.(8)A male criminal prisoner who has attained the age of 75 years, or a female criminal prisoner who has attained the age of 45 years, while serving sentence in a correctional home, or a criminal prisoner who has completed seven years’ imprisonment, shall be entitled to ordinary remission at the rate of six days per month commencing from the date of attaining the age of 75 years in the case of a male criminal prisoner or 45 years in the case of a female criminal prisoner or from the date of completion of 7 years’ imprisonment, as the case may be, and if his conduct during imprisonment is unblemished, the Superintendent may grant him special remission for any period which shall not exceed three months during the entire period of his conviction.(9)A prisoner shall not be deprive of remission admissible under sub-section (1) if, in the opinion of the Superintendent he is incapacitated to perform any labour for reasons beyond his control.(10)If a prisoner released on parole under sub-section (1) of section 62 commits an offence publishable under any of the provisions of the Indian Penal Code or any other law for the time being in force and is committed by any court or other competent authority to rigorous imprisonment for any term, the period of imprisonment of such prisoner shall not entitle him to any remission admissible under this section.
