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Saturday, April 17, 2021

Punjab amends policy: Convicts will now be eligible for time to time remission

Even those convicted in cases of crimes against women will now be eligible for remission from time to time

By: Express News Service | Chandigarh |
April 1, 2021 9:27:06 am
The CM has been authorised to make any further changes as may be suggested by the jails department, said a spokesperson in a written statement.

Convicted prisoners in Punjab will now be eligible for remission from time to time, instead of just once, under the amendment to the Remission Policy 2010 approved on Wednesday by the state Cabinet.

The Cabinet, at a virtual meeting chaired by Chief Minister Capt Amarinder Singh, gave the go-ahead to the amended Remission Policy 2021, which makes remission applicable for prisoners sentenced to imprisonment for more than 10 years, including prisoners sentenced for life, instead of prisoners convicted for 10 to 20 years under the earlier policy.

Moreover, convicts will now be eligible for time to time remission even in cases of offences committed under section 302 (murder) or 304 (culpable homicide not amounting to murder) of the Indian Penal Code, 1860, read with sections 376 (sexual assault); 376 A (causing death or resulting in persistent vegetative state of victim); 376 AB (rape on woman under twelve years of age), 376 B (intercourse by public servant with woman in his custody); 376 C (intercourse by superintendent of jail, remand home, etc).; 376 D (intercourse by any member of the management or staff of a hospital with any woman in that hospital); 376 DA (gang rape on woman under sixteen years of age), 376 DB (gang rape on woman under twelve years of age); 376 E (whoever has been previously convicted of an offence punishable under section 376 or section 376A or section1 376AB or section 376D or section 376DA or section 376 DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death); and section 377 (unnatural offences), shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The CM has been authorised to make any further changes as may be suggested by the jails department, said a spokesperson in a written statement.

“It may be recalled that on March 16, 2020, while considering premature release cases of life convicts, it came to the notice of the committee constituted at the level of government for the purpose, that the Remission Policy-2010 had some ambiguities. The committee also realised that the 2010 policy was silent on some provisions. Hence, it could not be clarified from the Remission Policy whether the remission announced by the Punjab government was to be granted to the convicts every year or it can be granted only one time during the sentence period. It was thus felt that the Remission Policy dated September 30, 2010 needed some clarification,” the spokesperson said in a written statement.


“After thoroughly examining the Remission Policy it was felt that some amendments were required to be effected in it. These amendments have now been included in the new Remission Policy 2021 so that the convicts confined in the jails of Punjab may get the benefit of remission granted from time to time. In addition, the new policy also incorporates some other important amendments relating to crimes against women that have been effected in the IPC,” added the spokesperson.

While Principal Secretary (Jails) D K Tiwari was not available for comment, Additional Director General of Police (Prisons) P K Sinha said: “The previous remission policy was not well drafted or worded and hence led to confusion. The new policy is aimed at removal of ambiguities and is more appropriately worded.”

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