Definitions

(1) In this Act, unless the context otherwise requires,- (a) “competent authority” means the competent authority as notified by the State Government for the purposes of this Act; (b) “convicted prisoner” means a person confined in a 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; (c) “Deputy Commissioner of Police” means the Deputy Commissioner of Police of the district within whose jurisdiction the convicted prisoner after his temporary release under this Act is likely to reside during the period of his temporary release; (d) “District Magistrate” means the District Magistrate of the district within whose jurisdiction the convicted prisoner after his temporary release under this Act is likely to reside during the period of his temporary release; (e) “Form” means form appended to this Act; (f) “furlough” means temporary release from custody of a convicted prisoner as an incentive on account of his good behaviour and conduct over a period of time as specified under this Act. The period of furlough may count towards the awarded sentence subject to the conditions as specified in this Act or rules made thereunder; (g) “hardcore convicted prisoner” means any prisoner- (i) who has been convicted for any of the following offences:- (1) robbery under section 392 or section 394 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (2) dacoity under section 395 or section 396 or section 397 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (3) kidnapping for ransom under section 364-A of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (4) murder or attempt to murder for extortion under section 387 read with section 302 or section 387 read with section 307 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (5) rape or penetrative sexual assault or aggravated penetrative sexual assault or unnatural offence with murder under section 376 or section 377 read with section 302 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (6) rape or penetrative sexual assault or aggravated penetrative sexual assault or unnatural offence with a child below sixteen years of age; or (7) gang rape or rape as covered under section 376-A or section 376-C or section 376-D or section 376-E of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (8) serial killing i.e. murder under section 302 of the Indian Penal Code, 1860 (Central Act 45 of 1860) in two or more cases in different First Information Reports (FIRs); or (9) murder under section 302 of the Indian Penal Code, 1860 (Central Act 45 of 1860), if the offender is involved in contract killing as apparent from the facts mentioned in the judgment of the case; or (10) lurking house trespass and convicted under section 458 or section 459 or section 460 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (11) offence under section 121 or section 121-A or section 122 or section 123 or section 124 or section 124-A of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (12) immoral trafficking under sections 3, 4 or 5 of the Immoral Traffic (Prevention) Act, 1956 (Central Act 104 of 1956) involving minors or under sections 366-A, 366-B, 372 or section 373 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (13) offence under section 15(c) or section 17(c) or section 18(b) or section 19 or section 20(c) or section 21(c) or section 22(c) or section 23(c) or section 24 or section 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985); or (14) escaping or helping to escape from lawful custody and convicted under section 224 or section 225 of the Indian Penal Code, 1860 (Central Act 45 of 1860); (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 the Indian Penal Code, 1860 (Central Act 45 of 1860), 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 if a conviction which 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 imprisonment till natural life; or (iv) who has been found in possession or detected of using wireless communication device or its components or any unauthorised electronic device inside the jail premises; or (v) who fails or 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 of parole or furlough for which he was released; or (vi) who commits a cognizable offence punishable with imprisonment for a period of seven years or above during confinement in the jail or during his temporary release under this Act; or (vii) who has been punished more than two times with a major punishment by the Superintendent Jail concerned for committing any jail offence or convicted in judicial proceedings by the concerned Court; or (viii) who has been detained or convicted under the National Security Act, 1980 (Central Act 65 of 1980), the Terrorist and Disruptive Activities (Prevention) Act, 1987 (Central Act 28 of 1987), the Official Secrets Act, 1923 (Central Act 19 of 1923), the Foreigners Act, 1946 (Central Act 31 of 1946) or any Act (Central or State) for control of organised crime; (h) “member of convicted prisoner’s family” means the spouse, children, sibling, parent, grand parent and grand children of convicted prisoner; (i) “parole” means temporary release of a convicted prisoner from custody and is categorized as under:- (i) ‘custody parole’ means escorting of a convicted prisoner under armed police custody to the place of visit (within the territory of Republic of India) and return therefrom for a specific period and for specific reasons as provided under this Act; (ii) ‘emergency parole’ means parole granted to a convicted prisoner by the Superintendent Jail when a member of the convicted prisoner’s family has died or is in serious condition or the convicted prisoner himself is in serious condition under section 5; (iii) ‘regular parole’ means parole granted to a convicted prisoner by the competent authority under section 3; (j) “Superintendent of Police” means the Superintendent of Police of the district within whose jurisdiction the convicted prisoner after his temporary release under this Act is likely to reside during the period of his temporary release; (k) “sentence” means sentence of imprisonment finally delivered in appeal or revision or otherwise and includes an aggregate of one or more sentence; (l) “Superintendent Jail” means the officer-in-charge of jail or other institution of like nature in which the convicted prisoner is confined; (m) “State Government” means the Government of the State of Haryana in the administrative department; (n) “temporary release” means temporary release of a convicted prisoner on custody parole or emergency parole or regular parole or furlough. (2) Words and expressions used herein but not defined shall have the same meaning as assigned to them under the Prisons Act, 1894 (Central Act 9 of 1894), rules made thereunder and as contained in the Punjab Jail Manual.