Bare Act Search Results

The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 Complete Act

State: Haryana

Year: 1988

.....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. Exclusion of certain days in computing period under sections 3 and 4. 5. 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. Prisoners not entitle to be released in certain cases. 6. Notwithstanding anything contained in sections 3 and 4, no prisoner shall be entitled to be released under this Act if, on the.....

The Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012 Complete Act

State: Haryana

Year: 2012

.....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.....

Code of Criminal Procedure, 1973 Chapter 33

Title: Provisions as to Bail and Bonds

State: Central

Year: 1973

.....Penal Code (45 of 1860) and sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) and sections 3,4, 5 and 6 of the Explosives Substances Act, 1908, (Act VI of 1908), is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or infirm person; (iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." .....

Code of Criminal Procedure, 1973 Section 438

Title: Direction for Grant of Bail to Person Apprehending Arrest

State: Central

Year: 1973

.....that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). STATE AMENDMENTS 1 Maharashtra: For section 438, the following section shall be substituted, namely:- "438 Direction far grant of bail to person apprehending arrest.- (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and High Court.....

Code of Criminal Procedure, 1973 Section 439

Title: Special Powers of High Court or Court of Session Regarding Bail

State: Central

Year: 1973

.....122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has applied to me High Court or the Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is.....

Code of Criminal Procedure, 1973 Section 437

Title: When Bail May Be Taken in Case of Non-bailable Offence

State: Central

Year: 1973

.....is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. and may also impose, in the interests of justice, such other conditions as it considers necessary.] (4) An officer or a Court releasing any person on bail under sub-section (1), or sub-section (2), shall record in writing his or its 3[reasons or special reasons] for so doing. (5) Any Court which has released a person on bail under sub-section (1), or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7).....

Code of Criminal Procedure, 1973 Section 389

Title: Suspension of Sentence Pending the Appeal; Release of Appellant on Bail

State: Central

Year: 1973

.....one, and he is on bail, order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. ______________________________ 1. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005.

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 13

Title: Temporary Release of Persons Detained

State: Central

Year: 1988

.....specified in the direction as the person accepts, and may, at any time, cancel his release. (3) In directing the release of any person under sub-section (1) or sub-section (2), the Government directing the release may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction. (4) Any person released under sub-section (1) or sub-section (2) shall surrender himself at the time and place, and to the authority, specified in the order directing his release, or cancelling his release, as the case may be. (5) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (4), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (6) If any person released under sub-section (1) or sub-section (2) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. (7) Notwithstanding anything contained in any other law and save as otherwise provided in this.....

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 12

Title: Temporary Release of Persons Detained

State: Central

Year: 1974

.....sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 5[(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.] _______________________ 1. Substituted for sub-section (1) by Act No. 20 of 1976, section 4 w.e.f. 12-12-1975. 2. Substituted by Act No. 20 of 1976. section 4 w.e.f. 12-12-1975. 3. Substituted for "under sub-section (1), the appropriate Government" by Act No. 20 of 1976, section 4(b) w.e.f. 12-12-1975. 4. Substituted for "sub-section (1)" by Act No. 20 of 1976, section 4(c) w.e.f. 12-12-1975. 5. Inserted by Act No. 35 of 1975, section 3 w.e.f. 1-7-1975.

Bombay Land Requisition Act, 1948, (Maharashtra) Section 9

Title: Release from Requisition

State: Maharashtra

Year: 1948

.....for a period longer than 5 years. The Government of India has accordingly amended the Requisitioning and Acquisition of Immovable Property Act, 1952, by Act I of 1970 and Act I of 1973. The State Government had decided to amend the Bombay Land Requisition Act, 1948, on the lines of the Amendment Acts passed by the Government of India, i.e., to have permanent statutory powers of requisitioning of property for various public purposes whenever occasion arise with the safeguard that the property shall be continued under requisition after the commencement of the legislation for more than 5 years.- vide Statement of Objects and Reasons. Deterioration.- The expression "deterioration" in section 9(2) (a) is not used as distinct from "damage"; it merely means "impairment in value". Such deterioration may, subject to the stated exceptions, be from natural causes as well as from human agencies, except where damage is done internationally or maliciously.- State v. Mishrilal Onkardas Joshi, ILR 1952 Bom. 771. Release from requisition.- If the premises are not used for any public purpose then the Government is under obligation to release the premises from requisition.- Rangubai.....