Parol
Pramod
(Querist) 23 August 2012
This query is : Resolved
Dear All Expert
One of our relative have sentenced 20 yrs imprisonment by session court for the charge of 302. She has accusation that she killed her husband ,but in actual it happened by accident for self defense. Our Lawyer could not establish this fact in session court and accused applied at High court.
Incident happened at the women's house with whom her husband had extramarital affairs.
Now the accused in a Jail. I want to know when the accused come out on parole. Under what law a parole can be given. After conviction when the first parole would be given and how many days.
Which act should be reffered for this. What is the procedure and fees for getting parole. To Which authority it should be applied.
ajay sethi
(Expert) 23 August 2012
a person involved in sedition or convicted for rape-cum-murder or supposed a threat to national security will not be granted parole
New Delhi: Those who are a threat to national security, involved in sedition or convicted for rape-cum-murder will not be granted parole, according to the new guidelines which the central government Wednesday submitted to the Delhi High Court.
The court had earlier expressed its displeasure over the procedure for granting parole, and said it suspected the powerful and the influential received a preferential treatment in grant of parole, reports IANS.
The modified parole guidelines were submitted before a division bench of Chief Justice Ajit Prakash Shah and Justice Rajiv Sahai by Solicitor General Gopal Subramaniam.
The previous set of guidelines said if a person is believed to be dangerous for public peace and involved in cases like assault, outbreak, riot, mutiny, sedition, cruelty, TADA and in possession of explosive, dangerous weapon, committing rape etc., he would not be considered for the relief, including those who are involved in various other petty criminal offences.
The relevant constitutional provisions regarding the grant of pardon, remissions, suspension of sentence, etc. by the President of India and the Governor of a State are as follows:
"Article 72. Power of President to grant pardons, etc. and to suspend, remit or commute sentences in certain cases (1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union
extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force."
"Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends."
ajay sethi
(Expert) 23 August 2012
In addition to the above constitutional provisions the Code of Criminal Procedure 1973 (in short 'Cr.P.C.') provides for power to suspend or remit sentences and the power to commute sentence in Section 432 and Section 433 respectively.
Section 433A lays down restrictions on provisions of remission or commutation in certain cases mentioned therein. Section 434 confers concurrent power on the Central Government in case of death sentence.
Section 435 provides that the power of the State Government to remit or commute a sentence where the sentence is in respect of certain offences specified therein will be exercised by the State Government only after consultation with the Central Government.
ajay sethi
(Expert) 23 August 2012
432. Power to suspend or remit
sentences.( I) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may. if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may. by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:
Provided that in the case of any sentence (other than a sentence of fine ) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by other person on his behalf shall be entertained, unless the person sentenced is in jail and,-
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 433, the expression "appropriate Government" means,-
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases the Government of the State within which the offender is sentenced or the said order is passed.
R.K Nanda
(Expert) 23 August 2012
1.Parole is granted by court for few days or hours on the application of accused in very special circumstances like marriage or death in the family of accused.
2. Application for parole be filed u/s 482 of CRPC.
