Kohima, August 27 (DIPR): In commemoration of the 64th Anniversary of Independence Day 2011, the State Government has decided to remit the sentences against certain categories of prisoners who have been convicted by the courts (other than Court Martial) having criminal jurisdiction in the State of Nagaland and sentenced to rigorous imprisonment.
Therefore, in exercise of the power conferred by Sub- section 1 of Section 432 of the Code Criminal Procedure, 1973 (Act No. 2 of 1974 here in after referred as the said Code) the Government of Nagaland has grant remission of sentences to the different categories of prisoners as specified below, lodged in the jails of Nagaland and outside other than those in respect of whom the sentence is inflicted for an offence against the Order referred to in Sub-section 6 of Section 432 of the said Code passed under any law relating to which the Executive Powers of the Union extends.
The scale of remission of sentence for different categories is specified below:
Therefore, in exercise of the power conferred by Sub- section 1 of Section 432 of the Code Criminal Procedure, 1973 (Act No. 2 of 1974 here in after referred as the said Code) the Government of Nagaland has grant remission of sentences to the different categories of prisoners as specified below, lodged in the jails of Nagaland and outside other than those in respect of whom the sentence is inflicted for an offence against the Order referred to in Sub-section 6 of Section 432 of the said Code passed under any law relating to which the Executive Powers of the Union extends.
The scale of remission of sentence for different categories is specified below:
CATEGORY SCALE OF REMISSION
1. Prisoners sentenced to 10 years and above - 30 (Thirty) days
2. Prisoners sentenced to 5 years to 10 years - 20 (Twenty) days
3. Prisoners sentenced to 1 year to 5 years - 10 (Ten) days
4. Prisoners sentenced up to 1 year - 5 (Five) days
Further, the aforesaid remission granted under the order shall not be admissible to the following categories of prisoners:-
1. Prisoners convicted under Foreigners Act
2. Prisoners convicted under Passport Act
3. Prisoners convicted under Unlawful Activities (Prevention) Act
4. Prisoners convicted under Section 3 to 10 of Official Secrets Act, 1923
5. Prisoners convicted under Section 2 to 3 of Criminal Amendment Act, 1961
6. Prisoners convicted under Section 121 to 130 of IPC
7. Prisoners convicted under Section 107/1 09 of CrPC
8. Prisoners convicted under Prevention of Corruption Act
9. Prisoners convicted of rape, attempt to rape or assault on women
10. Convicted prisoners found violating jail rules and discipline such as threatening/ intimidation/quarrelling/beating of fellow prisoners/staff and smuggling of contraband and prohibited articles
11. Foreign National convicted under any Acts.
1. Prisoners sentenced to 10 years and above - 30 (Thirty) days
2. Prisoners sentenced to 5 years to 10 years - 20 (Twenty) days
3. Prisoners sentenced to 1 year to 5 years - 10 (Ten) days
4. Prisoners sentenced up to 1 year - 5 (Five) days
Further, the aforesaid remission granted under the order shall not be admissible to the following categories of prisoners:-
1. Prisoners convicted under Foreigners Act
2. Prisoners convicted under Passport Act
3. Prisoners convicted under Unlawful Activities (Prevention) Act
4. Prisoners convicted under Section 3 to 10 of Official Secrets Act, 1923
5. Prisoners convicted under Section 2 to 3 of Criminal Amendment Act, 1961
6. Prisoners convicted under Section 121 to 130 of IPC
7. Prisoners convicted under Section 107/1 09 of CrPC
8. Prisoners convicted under Prevention of Corruption Act
9. Prisoners convicted of rape, attempt to rape or assault on women
10. Convicted prisoners found violating jail rules and discipline such as threatening/ intimidation/quarrelling/beating of fellow prisoners/staff and smuggling of contraband and prohibited articles
11. Foreign National convicted under any Acts.
The Remission Order will take effect from August 15. This was stated in an Order issued by the Home Department, Home Branch vide No.HOME/JL-1/99 (Pt) dated 14th August 2011.
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