BIHAR PRISONERS (PAROLE) RULES, 1973
No. G.P.I.-24-Miss. 1-74-10732-Jail dated 2 December
1974.
? In exercise of the
powers conferred by section 31 (e)
of the Prisoners (Bihar Amendment) Act 1956 (Bihar
Act 23, 1956),
Bihar the Governor makes the following rules:-
Rule - 1. Short name, extension, and commencement-
(1)
This rule may be called
Bihar Prisoner (Temporary Release) Rules 1973.
(2)
It shall apply to the
whole of the State of Bihar and shall come into force immediately.
Rule - 2. Definitions ?
(1)
Unless
something is against the subject or context, in this rule,--
(a)
"Board" means a parole board
constituted under section 31 (a) of the Act;
(b)
"Form" means
the form annexed to this rule;
(c)
Inspector General means
Inspector General of Prisons, Bihar;
(d)
"Superintendent"
means the Superintendent of the jail in which the prisoner whose parole is
under consideration under this rule is confined; and ... (4) "Act"
means the Prisoners Act, 1900 (3, 1900) as amended in Bihar;
(2)
Used and undefined in
this rule, but the Act or the Criminal Probation Act, 1958 (20, 1958) or
the Kara Act,
(3)
he words and terms
defined in 1894 (9, 1894) or Bihar Jail Handbook will have the
same meanings as those meanings given to them in the above mentioned Act and
Handbook. .
Rule - 3. Parole Board ?
(1)
The Parole Board
(hereinafter referred to as the Board) constituted under Section 31-A of the
Act shall meet every three months in the prison office concerned and may
interview the prisoners.
(2)
The "District
Magistrate" shall be the Chairman of the Parole Board.
(3)
The Chairman or, in his
absence, the members present in the meeting, shall be elected a head amongst
themselves.
(4)
The Superintendent shall
be the ex-officio Secretary of the Board and the convenor of its meetings.
(5)
The quorum for the board
meeting shall be of three members.
(6)
The term of office of
the members of the State Legislature as directed by the State Government to be
a member of the Board, will be the same in the two-State Legislatures.
(7)
Their membership is the
term of office and vacancy arising if they renounce their membership of the
board or if they are no longer a member of the Legislature shall be filled by
nomination under Section 31-A of the Act.
(8)
Sub-government members
nominated by the State Government, will be given permissible travel and break allowance to
the first-class officials under the rules for appearing in the board meetings.
Rule - 4. Application for parole---
The prisoner will apply
two copies in Form 1 for parole under the Act and send it to the Superintendent.
Rule - 5. Scrutiny and verification of the application for parole ?
(1)
The Superintendent shall
himself scrutinize the records of the prisoner who is not applying for parole
and shall make a resolution that the prisoner is eligible for parole under the
Act. He will also make his solution in this regard that the conduct of the
prisoner in the prison has been good. ..
(2)
For the purpose of the
Act about the prisoner who has been entitled to full exemption from twelve
months before the date of application of parole, subject to the rules in force
at that time made under the Prison Act, 1894 (9,1894). His conduct in Kara Act
is believed to have been equally good.
(3)
On any prisoner who has
to answer the charge before any court, or whose appeal is pending. Parole will
not be considered. .
(4)
Any prisoner convicted
by any other state court or army court will not be considered for Parole.
(5)
No new judge shall be
admitted for Parole on parole within six months of the rejection of the
prisoner's application, except for special reasons to be recorded by the
Superintendent:
(6)
If the Prisoners Act is
applied for the first time to the Superintendent in Form 1 for Parole under
Section 31 (c), then he shall send a copy of it to the concerned District
Superintendent of Police for verification of the particulars given by the
prisoner. The medium will be given to the officer-in-charge of the police station, who is to
be properly investigated within the jurisdiction
(7)
But
after the prisoner has suffered imprisonment for three consecutive years prior
to his application mentioned above, the verification mentioned thereon
shall not be necessary unless he has committed the offense described in the
proviso to Section 31 (c)
of the Act and thus he shall Subject parole can be approved only by government
order.
(8)
The Superintendent shall
keep all the applications of the applicants eligible for parole under Section 31 (b) as soon as
possible by the Board and send such cases to the Inspector General of
Inspection on whom the temporary decision under Section 31 (c) of the Act. Can
be considered for Before sending the application to the Inspector General of
Prisons, the Superintendent should make a resolution that the prisoner is
eligible for consideration for Parole and the foregoing with him. Attach the
verification report received from the effort officer of the police station as
indicated in the box.
Rule - 6. Special reasons for release-
(1)
parole may be effective
under Section 31 (b) of the Act even if the prisoner has not given specific
reasons for his approval.
(2)
The special reasons for which
parole can be granted to the prisoner under Section 31 (c) of the Act are as
follows:
(3)
serious illness or death
of the prisoner's parents, wife (or husband) or child;
(4)
To deal with the
problems related to family property and matters;
(5)
Marriage of his son or
son and compulsory religious and social ceremonies to be performed.
(6)
Prospective Planner:
Interview;
(7)
If parole is ordered for
special reasons under section 31 (c) of the Act. The State Government or the
authority ordering the release, may direct that the manner of the case
including the grounds of release and the mold made by the prisoner during his
release period. The jurisdiction over the area will be verified by the
probation officer using jurisdiction. .
(8)
If it is found that the
grounds given by the prisoner for release are not correct or he has behaved in
a manner different from the interpretation given by the time of release, then
in prisoner shall be resposible for greater punishment mentioned in Kara Act
No. 8, 1894.
Rule - 7. Final order to the competent authority under the rules for ordering parole under the Act-
(1)
If the Government or the
appropriate authority, on receipt of any application in Form I, duly verified
by the Principal Probation Officer, the temporary release of the prisoner,
public interest. If deemed undesirable, the application is rejected and the
Superintendent shall inform the prisoner that his application has been rejected
in this way.
(2)
On the other hand, if it
is deemed that the application can be approved without harming the public
interest, the Government or appropriate authority shall issue an order
forparole of the prisoner in the prescribed form 3.
(3)
While ordering parole, such conditions may be imposed as deemed
necessary, including the condition that the prisoner shall execute the bond
with or without sureties and any probation officer during the period of his
parole or Shall be under the supervision of such other person as the officer
making the order of release shall deem fit
(4)
The amount and name of
the bond and the number of copies thereof shall be specified, which shall be
executed by the State Government or the appropriate authority in its release
order before the release of the prisoner on the imposition of such conditions
in Form 2.
(5)
The order of parole
shall be sent to the Superintendent with the conditions contained therein and copies of the said
order shall be sent to the District Magistrate and Principal Probation Officer
of the districts in which the places where the prisoner can be located. Also,
copies of the said order will also be sent to the District Magistrate and
Principal Probation Officer of the district in which the prisoner is convicted.
Rule - 8. Date of release-
(1)
On receipt of the parole
order, the Superintendent shall, in consultation with the prisoner, fix the
date of his parole which shall ordinarily be not later than four months from
the date of receipt of the order.
(2) In the case of a female prisoner, the
date of her parole shall be fixed in such a manner as to allow time for her
transfer to the prison nearest to the place in which she intends to reside
during her temporary release.
(3) If the prisoner for whom the order of
parole has been issued is ill, the Superintendent may postpone the date of his
parole for as long as the jail's medical officer is treating the prisoner's
illness.
(4) The Superintendent shall get the bond
duly executed in Form 2 by the prisoner and his security, if any, before
releasing any prisoner!
Rule - 9. Ration of the order of temporary release-
(1)
If the prisoner commits an offense other than the offense punished by
formal warning between the date of the application of release and the date
fixed for his temporary release under Rule 8, the Superintendent, the State The
government or the appropriate authority will report this, which can then cancel
the order of temporary release.
(2)
The prisoner did not
accept any further request for parole during such a period of one year from the
date of committing the offense.
Rule - 10. Notice of release to the District Magistrate ?
When a prisoner is on
parole under this rule, the Superintendent, Inspector General of Prisons and
the concerned District Magistrate, and the Principal Probationary Officer shall
be informed of the date of the prisoner's release and his return to prison Will
report immediately on the due date.
Rule - 11. Release certificate ?
At the time of the
prisoner's release from jail, the Superintendent will give him a? parole certificate in Form 4 to be prepared
in duplicate, which the prisoner will give to the Superintendent on his return
to prison. The second copy of the said certificate will be kept in the jail
records.
Rule - 12. Traveling and subsistence allowance during the journey-
(1)
When a prisoner. If
released on parole under the Act, then he will not be paid the dietary expenses
for the duration of his parole.
(2)
If such prisoner does
not have sufficient money or wages earned to pay the expenses of going to and
returning from prison, he will be given the following:
(a)
On the railway deposit
system, going to and from the place of his residence to the nearest railway or
steamer station ... Free pass of the lowest class:
(b)
If the journey or part
of the journey is to be completed by ferry or bus, then to leave and return from
jail. As the case may be, ferry or bus fare or ferry and bus freight;
(c)
For every fifteen miles
or part of the journey made by road, for which no one has been given, at the
rate of 50 paise, for the journey from jail to the residence of such prisoner-
(d)
To travel every day or
part of it by rail, steamer, ferry, or bus. Subsistence rate
Rule - 13.
The subsistence
allowance described in clauses (c) and (b) above shall not be payable if the
prisoner's house is situated within 5 miles of the prison or if the prisoner
has sufficient money or wages to travel to and from the prison.
Rule - 14. Lending of Prison Goods?
(1)
If a prisoner is unable
to purchase private clothing and livery, he or she should lend a normal
blanket, dhoti or pajamas, and kurta, usually outside the prison at the time of
release Will be given
(2)
These items will be
recorded in his provisional release certificate given in Form 4 and the
prisoner will take them back to prison.
Rule - 15. The terms of release shall be deemed to the prisoner ?
(1)
before the prisoner
leaves the prison, a sentence in the prison shall in the presence of the
Superintendent, explain the terms of his release.
(2)
He will also be informed
of the date on which the date. He has to return to jail and if he fails to do
so, any police officer will be able to arrest him without a warrant and deliver
his sentence to the jail for serving a term of force. The period of parole not
counting the total period of his sentence shall also be punishable under
Section 31-D of the Act.
Rule - 16. Local Police Report-
(1)
The order of parole
given in Form 3 shall contain the place or places where the prisoner can go or
stay during the period of his parole.
(2)
Freedom of the prisoner
to go to places other than those mentioned in the order of release in Form 3.
(3)
Within twenty-four hours
of arriving at the place where he wants to stay, the prisoner will give
information to the officer-in-charge of the local police station. Similarly, he
will inform about his departure.
Rule - 17. Procedure to be done when a prisoner does not return ?
(1) If the prisoner who does not return to
the prison before the Namah lockout on the appointed date of his return, shall
be deemed to be a runaway prisoner.
(2) The Superintendent with such notice of
escape, the details of the prisoner, his requested address and the places he
wanted to go to during his parole, and with such other available information as
to his arrest facility, shall immediately give to the concerned Magistrate and
the police and shall also send a copy to the Inspector General.
Rule - 18. Returning to Jail after the due date ?
When the prisoner returns to prison voluntarily after the due date of his
return, he will be taken to jail and the report of his return along with the
reasons for the delay in returning will be sent to the authorities to whom the
rules Under 17, he has been reported to have escaped.
Rule - 19. Release of women prisoners ?
(1) When a woman prisoner intends to get
parole, she shall first be transferred to the nearest jail from the place where
she is to reside during her parole.
(2) She will be released from the prison
where she has been transferred in this way and she will remain in the same
prison till the time of her return to Tarana.
(3)
Quick notice on the date of release of
Rania to such relatives, friends, or well-wishers to whom she has directed her
name, at the superintendent of the jail from which she is confined in the jail
under sub-rule (1). So that they can come to pick her up and if she is less
than 25 years old and is likely to be seduced, then that female warder, if
there is a female warder attached to the jail, or an elite woman, who is
assigned to deliver her Will be sent to her home.
(4)
If the escort is a government servant,
he will be paid a traveling allowance for the journey taken on the visit, and
if she is not a government servant, then She Will be entitled to be paid the
actual expenses of traveling from jail to prison.
Form 1
(Rule 4 sight)
Application for
Parole
To,
??? Jail superintendent
..............................................................................................................................................................
1.
I (name).................................... Prisoner number......................... apply for Parole of ??????????????... days, under the Prisoners (Bihar
Amendment) Act, 1956.
2.
The specific reason (full
specifications and documentation provided to support bases) for which I
request. this is ----
3.
Accused (leave enough space for Aadhaar
etc. here)
4.
I have been granted parole under the
Act on the following occasions during my current period of prison :---
|
Jail from which released??? Date of release.????? Return date??????? Specific reasons, if any,
????????????????????????????????????????????????
?????for which parole
was granted. ?
|
5. ?My permanent home is situated in ??(village/town)..................................................................................post office..................police station.....................District ............................station....................................................
6. I own the following immovable
property with other family members in my name and it is in my possession.
?Bihar Jail Manual???????????????????????????????????????????
7. My family has the following
members who live in the places mentioned in front of each of the properties
below:----
|
Relation.????????????? Age.???????????????? Occupation.?????????????? Present.???????????? Residence????
|
|
(1)
(2)
(3)
|
8. I have been charged or sentenced for the following offenses other than the one
for which I am currently facing punishment. I have not been charged with any
offense other than the one for which I am currently facing punishment or I have
not been accused of any crime other than that, or have not been sentenced for
that.:---
9. The circumstances under which I
have been sentenced and the one I am facing punishment were the following (if a
copy of the judgment is available, attach it):---
10. My appeal ?????? is pending
before any court. It is not pending.
11. I have to answer to any other
charge before any court under Section ?????. / Any section. I have not to answer.
12. If parole is granted, then in
that period I will stay in the following place:----Village / Town............ Post
Office............. Police Station............. District ...... ...... and want
to go to the following places----
? The following people will be surety for me :-----
? ?Name...........................................
???? ????Occupation...........................................
???? ????Address...........................................?
????? ???Village/Town....................................
????? ???Post-office........................................
???? ?????Police-station..........................................
Name............................................
???????? Occupation...........................................
???????? Address...........................................?
???????? Village/Town....................................
???????? Post-office........................................
???????? ?Police-station..........................................
?????? ????Date.........................................??? ??
Signature / left thumb impression
Superintendent's indictment
(Cut? the specifications which are not applicable.)
Part 2
1.
The conclusion
of the officer-in-charge of the police station on the above-mentioned things ---
2.
?The opinion of the officer-in-charge of the police station regarding the
following ---
3.
Special terms
on arrival, if deemed necessary;
4.
In case of release,
the amount and number of securities to be offered by the applicant.
5.
?Applicability of persons designated by the
applicant as security for its purpose
Form 2
(Rule 8 sight)
Bond for good behaviour
Since I (name) ................ prisoner number ............. who
........................ in jail facing the imprisonment of ??????????. , Has
applied for parole under the Prisoners (Bihar Amendment) Act, 1956, and I have
been expected to execute a bond to be good in behaviour towards the government
and all citizens of India. Therefore, I shall now bind myself I shall grant
parole if it is granted to me, and in the course of my journey to and from
prison, I shall treat the Government and all citizens of India in good faith
and to abide by the conditions of such release and my personalization in this
regard. In the case of, I bind myself that the amount of Rs ????? will be
passed on to the government.
Executed in front of me
Date....................... ?????????????????????????Signature / Left Thumb impression
???????????????????????????????????????????????
Superintendent...........invisible
Form 3
(Rule 8 and 16 sight)
Order for parole
To,
Jail superintendent....................
Since...................Prisoner no .......... who .................. ...
is facing imprisonment has applied for his parole;
And since I .......... being strong parole authorized under sub-section
(invisible) of Section 31A of the Prisoners Act, 1900, I am satisfied that the
application can be granted without harming the public interest.
1.
So now I
.................. hereby authorize you and invisible... The prisoner is
required to travel from prison to visit subject to the conditions specified
below Release the custody temporarily for a period of........... days except
invisible.
2.
The prisoner
will show good behaviour against the government and the citizens of India.
3.
The prisoner
will reside in the ......... police station ?? district ???? during the period
of his parole.
4.
?During the mentioned period (if the prisoner is allowed to go to any place,
then specify)........ will be able to visit the places and will not go to any
other place during the mentioned period.??
?? ?
5.
On arriving at
the place where the prisoner wants to stay, within twenty four hours, he will
inform the local invisible officer.......the officers in charge. He will also
inform about his departure.
6.
The prisoner
shall, at the end of the mentioned period, surrender himself...........to the
Superintendent of the jail.
7.
The prisoner
shall, before his release, furnish the surety described below and invisible the
amount and surety...... The place where the prisoner wishes to stay or wants to
go during his parole...Invisible. ... By, the number of days required to travel
by the shortest route and travel from there ....... invisible
Signature
invisible
???????????????????????????????????????????????????????????
Bihar??
Patna, date..........
1.
Name of
Prisoner...........Jail.........number.
2.
Father?s name.....................
3.
Home Address...................
4.
Key marks for
identity..............
5.
Left thumb
impression....................
6.
Number of the
parole order and date..................?
7.
Date of the
parole..............
8.
Date of the
return to jail................................
9.
Description of
lent prison items..................
10.
Conditions of
parole (as mentioned in the parole order)...........................
Date.........................????????????????????????????????????????????? Superintendent
(seal of the jail)