Repeal and savings

The Punjab Good Conduct Prisoner (Temporary Release) Act 1962 (Punjab Act No. 11 of 1962), in its application to the state of Haryana, is hereby repealed; Provided that such repeal shall not affect,-

1. (a) the previous operation of the act so repealed or anything duly done or suffered there under; or
2. (b) any right, privilege, obligation or liability acquired or incurred under the Act so repealed; or
3. (c) any penalty, forfeiture or punishment, incurred in respect of any offence committed against the Act so repealed; or
4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that anything done or any action taken under the Act so repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act. 1(Amendment 2012). Short title This Act may be called the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012. 2(Amendment 2012). Amendment of section 2 of Haryana Act 28 of 1988 In the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter called the principal Act), in section 2, after clause (a), the following clause shall be inserted, namely:— “(aa) “hardcore prisoner” means a person, who—
   • (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;”. 3(Amendment 2012). Amendment of section 4 of Haryana Act 28 of 1988 Proviso to clause
5. (b) of sub-section

1. (1) of section 4 of the principal Act, shall be omitted. 4(Amendment 2012). Insertion of section 5A of Haryana Act 28 of 1988 After section 5 of the principal Act, the following section shall be inserted, namely:— “5A. Special Provisions for hardcore prisoners.—Notwithstanding anything contained in sections 3 and 4, a hardcore prisoner shall not be released on temporary basis or on furlough : Provided that a hardcore prisoner may be allowed to attend the marriage of his child, grand child or sibling; or death of his grand parent, parent, grand parent in-laws, parent-in-laws, sibling, spouse or child, under the armed police escort, for a period of forty eight hours to be decided by the concerned Superintendent Jail and intimation in this regard with full particulars of hardcore prisoner being released, shall be sent to the concerned District Magistrate and Superintendent of Police within twenty four hours.”. 5(Amendment 2012). Substitution of section 6 of Haryana Act 28 of 1988 For section 6 of the principal Act, the following section shall be substituted, namely:— “6
2. (1) Notwithstanding anything contained in sections 3 and 4, no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, the State Government or an officer authorized by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order or cause reasonable apprehension of breach of peace.
3. (2) The District Magistrate, the State Government or the officer authorized to release the prisoner as provided in sections 3 and 4 of the Act shall take report from the Police within a specified time frame.
4. (3) In case of non-recommendation for release by the Police, the release granting authority shall pass a speaking order, if he disagrees with the report submitted to him.”. 6(Amendment 2012). Amendment of section 9 of Haryana Act 28 of 1988 In sub-section
5. (1) of section 9 of the principal Act, for the words “three years and with fine”, the words “three years but shall not be less than two years” shall be substituted. 1(Amendment 2013). Short title This Act may be called the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2013. 2(Amendment 2013). Amendment of section 2 of Haryana Act 28 of 1988 For clause
   • (aa) of section 2 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, the following clause shall be substituted, namely :— ‘(aa) “hardcore prisoner” means a person,—
     • (i) who has been convicted of—
6. (1) robbery under section 392 or 394 IPC;
7. (2) dacoity under section 395, 396 or 397 IPC;
8. (3) kidnapping for ransom under section 364-A IPC;
9. (4) murder or attempt to murder for ransom or extortion under section 387 read with 302 or section 387 read with 307 IPC;
10. (5) rape with murder under section 376 read with 302 IPC;
11. (6) rape with a woman below sixteen years of age;
12. (7) rape as covered under section 376-A, 376-D or 376-E IPC;
13. (8) serial killing i.e. murder under section 302 IPC in two or more cases in different First Information Reports;
14. (9) murder under section 302 IPC, if the offender is a contract killer as apparent from the facts mentioned in the judgment of the case;
15. (10) lurking house trespass or house breaking where death or grievous hurt is caused under section 459 or 460 IPC;
16. (11) either of offence under sections 121 to 124-A IPC;
17. (12) immoral trafficking under section 3, 4 or 5 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) involving minors or under section 366-A, 366-B, 372 or 373 IPC;
18. (13) offence under section 17(c) or 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985); or
19. (14) offence under section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012); or
    • (ii) who during a period of five years immediately before his conviction has earlier been convicted and sentenced for commission of one or more offences mentioned in Chapter XII or XVII of IPC, except the offences covered under clause
    • (i) above, committed on different occasions not constituting part of the same transaction and as a result of such conviction has undergone imprisonment at least for a period of twelve months : Provided that while counting the period of five years, the period of actual imprisonment or detention shall be excluded : Provided further that if a conviction has been set-aside in appeal or revision, then any imprisonment undergone in connection therewith shall not be taken into account for the above purpose; or
    • (iii) who has been sentenced to death penalty; or
    • (iv) who has been detected of using cell phone or in possession of cell phone/SIM card inside the jail premises; or
    • (v) who 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 : Provided that the State Government may, by notification include any offence in the list of offences mentioned above. Explanation.— For the purposes of this section, "IPC" means the Indian Penal Code, 1860 (Central Act 45 of 1860).’. 1(Amendment 2014). Short title This Act may be called the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2014. 2(Amendment 2014). Amendment of section 5A of Haryana Act 28 of 1988 For section 5A of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, the following section shall be substituted, namely :— "5A. Special provisions for temporary release of hardcore prisoners.—(1) Notwithstanding anything contained in sections 3 and 4, no hardcore prisoner shall be entitled to temporary release or furlough : Provided that a hardcore prisoners may be released on temporary basis to attend the marriage of his grand child or sibling, or death of his grand parent, parent, grand parent-in-laws, parent-in-laws, sibling, spouse, child or grand child under an armed police escort, for a period of forty-eight hours, to be decided by the concerned Superintendent of Jail : Provided further that a hardcore prisoner may be released on temporary basis to attend the marriage of his daughter for ninety-six hours and for the marriage of his son for seventy-two hours under an armed police escort, to be decided by the concerned Superintendent of Jail. He shall intimate within twenty-four hours, the concerned District Magistrate and Superintendent of Police in this regard with full particulars of the hardcore prisoner being so released.
20. (2) Notwithstanding anything contained in sub-section (1), a hardcore prisoner, who has not been awarded death penalty, may be entitled for temporary release or furlough only if he has completed five years of sentence as a convict in jail excluding the under trial period