Section 2State of Haryana Act

Section 2: Definitions

The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988

Definitions.

- In this Act, unless the context otherwise, requires -

(a)

"District Magistrate" means the District Magistrate of the district within whose jurisdiction the prisoner after his temporary release under this Act, is likely to reside during the period of his release;

(aa)[ "hardcore prisoner" means a person, who - [Inserted by Act No. 20 of 2012, dated 1.10.2012.]

(i)has been convicted of dacoity, robbery, kidnapping for ransom, murder with rape, serial killing, contract killing, murder or attempt to murder for ransom or extortion, causing grievous hurt, death or waging or attempting to wage war against Government of India, buying or selling minor for purposes of prostitution or rape with a woman below sixteen years of age or such other offence as the State Government may, by notification, specify; or

(ii)during any continuous period of five years has been convicted and sentenced to imprisonment twice or more for commission of one or more of offences mentioned in chapter XII or XVII of the Indian Penal Code, except the offences covered under clause (i) above, committed on different occasions not constituting part of same transaction and as a result of such convictions has undergone imprisonment atleast for a period of twelve months:

Provided that the period of five years shall be counted backwards from the date of second conviction and while counting the period of five years, the period of actual imprisonment or detention shall be excluded.Explanation. - A conviction which has been set-aside in appeal or revision and any imprisonment undergone in connection therewith shall not be taken into account for the above purpose; or

(iii)

has been sentenced to death penalty; or

(iv)

has been detected of using cell phone or in possession of cell phone/SIM card inside the jail premises; or

(v)

failed to surrender himself within a period of ten days from the date on which he should have so surrendered on the expiry of the period for which he was released earlier under this Act;]

(b)

"member of prisoner's family" means the husband, wife, son, daughter, father, mother, brother or sister of the prisoners;

(c)

"prescribed" means prescribed by the rules made under this Act;

(d)

"prisoner" means a person confined in prison or jail or other institution of like nature under a sentence of imprisonment for life or imprisonment by any court in India or the Court martial or any other authority exercising the powers of a Criminal Court;

(e)

"Superintendent of Jail" means the officer incharge of the prison or jail or other institution of like nature in which the prisoner is undergoing his sentence of imprisonment for life or imprisonment.

Sec 1 — Short title, extent and commencement

Sec 3 — Temporary release of prisoners on certain grounds

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.