Hardcore Prisoner

To provide for the temporary release of prisoners for good conduct on
certain conditions.
BE it enacted by the Legislature of the state of Haryana in the Thirty-
ninth Year of the Republic of India as follow:-

  1. (1) This Act may be called the Haryana Good conduct Prisoners
    (Temporary Release) Act, 1988.
    (2) It extends to the whole of the State of Haryana.
    (3) It shall come into force on such date as the State Government
    may, by notification, in the Official Gazette, appoint in this
    Short title, extent
    Definitions. 2. In this Act, unless the context otherwise requires,-
    Temporary release
    of prisoners on
    certain grounds.
    (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;
    (b) “member of prisoner’s family” means the husband, wife, son,
    daughter, father, mother, brother or sister of the prisoner;
    (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 any other authority exercising the powers of a Criminal
    (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
  2. (1) The State Government may, in consultation with the District
    Magistrate or any other officer appointed in this behalf, by notification
    in the official Gazette and subject to such conditions and in such
    manner as may be prescribed, release temporarily for a period specified
    in sub-Section (2), any prisoner, if the State Government is satisfied
    (a) a member of the prisoner’s family had died or is seriously ill or
    the prisoner himself is seriously ill; or
    (b) the marriage of prisoner himself, his son, daughter, grandson,
    grand daughter, brother, sister, sister’s son or daughter is to be
    celebrated; or
    (c) the temporary release of the prisoner is necessary for sloughing,
    sowing or harvesting or carrying on any other agricultural
    operation on his land or his father’s undivided land actually in
    possession of the prisoner; or
    (d) it is desirable to do so for any other sufficient cause.
    (2)The period for which a prisoner may be released shall be Temporary release
    of prisoners on
    determined by the State Government so as not to exceed-
    (a) where the prisoner is to be released on the grounds specified in
    clause (a) of sub-section (1), three weeks;
    (b) where the prisoner is to be released on the ground specified in
    clause (b) or clause (d) of sub-section (1), four weeks; and
    (c) where the prisoner is to be released on the grounds specified in
    clause © of sub-section (1), six weeks;
    Provided that the temporary release under clause © can be availed more
    than once during the year, which shall not, however, cumulatively
    exceed six weeks.
    (3) The period of release under this section shall not count towards the
    total period of the sentence of a prisoner.
    (4) The State Government may, by notification, authorize any officer
    to exercise its powers under this section in respect of all or any other
    ground specified there under.
  3. (1) The State Government or any other officer authorized by it in
    this behalf may, in consultation with such other officer as may be
    appointed by the state Government, by notification, and subject to such
    conditions and in such manner as may be prescribed, release
    temporarily, on furlough, any prisoner who has been sentenced to a
    term of imprisonment of not less than four years and who-
    (a) has, immediately before the date of his temporary release,
    undergone continuous imprisonment for a period of three years,
    inclusive of the persistence detention, if any;
    (b) has not during such period committed any jail offence (except an
    offence punished by a warning) and has earned at least three
    annual good conduct remission;
    provided that nothing herein shall apply to a prisoner who-
    (i) is a habitual offender as defined in sub-section (3) of section
    2 of Punjab Habitual Offenders (Control and Reform) Act,
    1952; or
    (ii) has been convicted of dacoit or such other offence as the
    State Government may, by notification, specify.
    (2) The period of furlough for which a prisoner is eligible under sub-
    section (1) shall be three weeks during the first year of his release and
    two weeks during each successive year thereafter.
    (3) Subject to the provisions of clause (d) of sub-section (3) of section
    8, the period of release referred to in sub-section (1) shall count
    towards the total period of the sentence undergone by a prisoner.
  4. For the purpose of calculating the period of temporary release of a
    prisoner under sections 3 and 4, the dates of departure from and arrival
    at the prison shall be excluded.
  5. 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
    i thi b h lf i ti fi d th t hi l
    i lik l t
    d th
    Exclusion of
    certain days in
    computing period
    under sections 3
    and 4.
    Prisoners not
    entitle to be
    released in certain
    cases.Journey expenses
    of poor prisoners
    to be borne by
    State Government.
    Liability of
    prisoner to
    surrender on
    expiry of release
    period and
    consequences of
    in this behalf is satisfied that his release is likely to endanger the
    security of the State or the maintenance of public order.

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