Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
Panaji, 25th May, 2022 (Jyaistha 4, 1944) SERIES I No. 7 PUBLISHED BY AUTHORITY
EXTRAORDINARY
GOVERNMENT OF GOA
Department of Printing & Stationery
Government Printing Press ––– Notification
5/30/2021-2022-DPS/Part-II/190
In Official Gazette, Series I No. 7 dated 19-5-2022 at page 285, Order No. 9/17/94- HD(G)/Part./652 of Department of Home regarding "Issuance of General Guidelines to consider the cases for the premature release of life convicts Prisoners by the State Sentence review Board of Goa" may be withdrawn as the said order has been pub- lished incomplete.
Hence the said order is hereby republished in Official Gazette No. 7 (Extraordinary) dated 25-5-2022 i.e. the current issue.
Since it is printing error, Government
Printing Press apologises for the same.
Rajendra Mirajkar, Director (Printing &
Stationery).
Panaji, 25th May, 2022.
———ttt———
Department of Home
Home—General Division ––– Order
9/17/94-HD(G)/Part./652
Subject: Issuance of General Guidelines to consider the cases for the premature release of life convicts Prisoners by the State Sentence Review Board of Goa.
In exercise of the powers conferred under sections 432 read with section 433 and 433A of the Criminal Procedure Code, 1973, Government of Goa hereby frames the following general guidelines to consider the cases for the premature release of life convicts prisoners by the State Sentence Review Board of Goa, namely:—
General Guidelines for the State Sentence Review Board in View of Sub-Rule (8) of Rule 1245 of Goa Prisons Rules, 2021
1. Every convicted prisoner whether male or female undergoing life imprisonment sentence and covered under provision of Section 433-A of CrPC shall be eligible to be considered for premature release from the prison after serving the sentence of 14 years of actual imprisonment i.e. without remission. However, completion of 14 years in prison by itself would not entitle a life convict to automatically release from the prison and the State Sentence Review Board shall have the discretion to release a convict, at an appropriate time in all cases considering the circumstance in which the crime was
committed and other relevant factors.
2. The State Sentence Review Board shall
consider factors like: (a) Whether the convict OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 7 (EXTRAORDINARY) 25TH MAY, 2022 has lost his potential for committing crime considering his overall conduct in Jail during the 14 years of actual incarceration; (b) The possibility of reclaiming the convict as a useful member of the society; (c) Socio-economic condition of the convict's family.
3. These guidelines are for the guidance of State Sentence Review Board to arrive at a logical decision in premature release of prisoners undergoing life sentence from time to time.
4. The period of imprisonment to be undergone including remission subject to minimum years of actual imprisonment including set off period for various crimes shall be as specified in column No. 3 of Schedule-I and column No. 4 of Schedule-II below:—
SCHEDULE – I
| Sr. No. | Categorization of Crime | Total period of imprisonment including/adding remission, subject to a minimum of 14 years of actual imprisonment including set off period |
| (1) | (2) | (3) |
| 1. | Offences relating to crime by women | |
| (a) Where the convict has no previous criminal history and has committed the murder in an individual capacity in a moment of anger and without premeditation or under physical mental provocation. | 18 | |
| (b) Where the convict has committed the murder with premeditation or by a gang. | 20 | |
| 2. | Offences relating to crime against women and minors | |
| (a) Where the convict has no previous criminal history and committed the murder in an individual capacity in a moment of anger and without premeditation. | 20 | |
| (b) Where the crime as mentioned above committed with premeditation. | 22 | |
| (c) Where | the crime is committed with exceptional violence and or with brutality or death of victim due to burns. | 26 |
| (d) Murder with rape. | 28 | |
| 3. | Murders arising out of land dispute, family feuds, family prestige and superstition | |
| (a) | If the offence is committed in individual capacity and without premeditation. | 20 |
| (b) | Crime committed as above with premeditation, either individually or by a gang. | 22 |
| 4. | Murders for other reasons | |
| (a) Where a murder is committed without premeditation in an individual capacity and the person has no previous criminal history. | 20 | |
| (b) Murder committed with premeditation or a person having criminal history. | 22 | |
| (c) | Murder resulting from trade union activities and business rivalry. | 22 |
| (d) | Murder committed by more than one person/group of persons. | 24 |
(e) Murder committed with exceptional violence/ brutality/kidnapping. Murder committed by dacoits and robbers in the act of committing dacoits and robberies. Murder committed by bootleggers, gamblers, flesh traders etc.
20
SCHEDULE – I
(b) Murder committed with premeditation or a person
having criminal history.
Categorization of Crime Sr. (c) Murder resulting from trade union activities and No. OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 7 (EXTRAORDINARY) 25TH MAY, 2022 business rivalry.| (1) | (2) persons. | (3) |
| (e) 1. | Murder committed with exceptional violence/ Offences relating to crime by women brutality/kidnapping. Murder committed by dacoits (a) Where the convict has no previous criminal history and robbers in the act of committing dacoits and and has committed the murder in an individual robberies. Murder committed by bootleggers, capacity in a moment of anger and without gamblers, flesh traders etc. | 18 26 |
| 5. | premeditation or under physical mental provocation. Murder for political reasons | |
| (a) | (b) Where the convict has committed the murder with Murders arising out of political rivalry and political premeditation or by a gang interest without premeditation. | 20 24 |
| 2. | Offences relating to crime against women and minors (b) Murder arising out of political rivalry and political (a) Where the convict has no previous criminal history interest with premeditation. | 26 20 |
| 6. | and committed the murder in an individual capacity in Murder for serious offences | |
| (a) | a moment of anger and without premeditation. Murder committed by Gangsters, Contract killers, Racketeers etc. (b) Where the crime as mentioned above committed with | 28 22 |
| (b) (c) Where | Persons already convicted for life imprisonment and premeditation. is/are convicted again for murder. the crime is committed with exceptional | 30 26 |
| (c) | Convict awarded more than one life sentence and violence and or with brutality or death of victim due to sentences running concurrently. burns. | 30 |
| (d) (d) Murder with rape | Prisoners whose death sentence has been commuted to life imprisonment. | 30 28 |
| 3. 7. 7. (a) (b) | Murders arising out of land dispute, family feuds, family prestige and superstition Punishment under the special acts such as TADA, Goa Punishment under the special acts such as TADA, Goa Children's Act 2003, POTA for murder, Offences 20 If the offence is committed in individual capacity and Children's Act 2003, POTA for murder, Offences committed against the State/Offences committed by without premeditation committed against the State/Offences committed by extremists/terrorists/organized crimes or similar Crime committed as above with premeditation, either 22 extremists/terrorists/organized crimes or similar nature of offences | |
| (a) | nature of offences individually or by a gang. Convict awarded one life sentence. | 40 |
| (a) (b) (b) 4. | Convict awarded one life sentence. Convict awarded two life sentence and sentences Convict awarded two life sentence and sentences running concurrently. Murders for other reasons | 40 50 50 |
| (c) (c) | running concurrently. Convict awarded more than two life sentence and (a) Where a murder is committed without premeditation Convict awarded more than two life sentence and sentences running concurrently. sentences running concurrently. in an individual capacity and the person has no | 60 20 60 |
| 8. 8. | Any other such offences which are of an Any other such offences which are of an previous criminal history exceptional/heinous nature and not specifically exceptional/heinous nature and not specifically (b) Murder committed with premeditation or a person covered in above categories. covered in above categories. | The State Government will decide The State Government will decide individual cases on merit individual cases on merit 22 |
22 Total period of imprisonment including/adding remission, subject to 22 a minimum of 14 years of actual imprisonment including set off period. 24 (3)
(c) Murder resulting from trade union activities and 22
SCHEDULE–II
SCHEDULE–II
business rivalry
Persons guilty of offences not involving murder who are sentenced to life imprisonment where Persons guilty of offences not involving murder who are sentenced to life imprisonment where
24
(d) Murder committed by more than one person/group of
section 433 (a) of CrPC is not applicable. section 433 (a) of CrPC is not applicable.
| Sr. (e) No. | I.P.C. section Murder committed brutality/kidnapping. Murder committed by dacoits and robbers robberies. Murder gamblers, flesh traders etc. | Nature of Offence with exceptional violence/ in the act of committing dacoits and committed by bootleggers, | Total period of imprisonment including/adding remission, subject to the remission, subject to the 26 minimum of 10 years of minimum of 10 years of actual imprisonment actual imprisonment including set off period. including set off period. |
| (1) 5. (1) | (2) Murder for political reasons (2) | (3) (3) | (4) (4) |
| 1 (a) 1 | 304, 307 Murders arising out of political rivalry and political 304, 307 interest without premeditation. | Persons guilty of homicides not amounting Persons guilty of homicides not amounting to murder, causing death by negligence, to murder, causing death by negligence, attempt to murder etc. attempt to murder etc. | 14 24 14 |
| 2 | (b) Murder arising out of political rivalry and political 304 (b) | Person guilty of causing death for Dowry | 26 20 |
| 2 3 | 304 (b) 311 interest with premeditation. | Person guilty of causing death for Dowry Persons guilty under this section (Thugs) | 20 14 |
| 3 4(a) 6. 4(a) (a) | 311 Murder for serious offences 313, 314 Murder committed by Gangsters, Contract killers, 313, 314 Racketeers etc. | Persons guilty under this section (Thugs) Persons guilty of causing miscarriage of Persons guilty of causing miscarriage of unborn child without woman's consent or unborn child without woman's consent or any such act which results in her death. | 14 14 14 28 |
| 4(b) | any such act which results in her death. In case such victim is minor. | 16 | |
| 4(b) 5 (b) 5 | 326, 329 Persons already convicted for life imprisonment and 326, 329 is/are convicted again for murder. | In case such victim is minor. Persons guilty of causing grievous hurt Persons guilty of causing grievous hurt under these sections. | 16 14 30 14 |
| 6 (c) | 363 (A)(2) Convict awarded more than one | under these sections. Persons guilty of kidnapping for maiming. life sentence and | 18 30 |
6 363 (A)(2) Persons guilty of kidnapping for maiming. 18 6 363 (A)(2) Persons guilty of kidnapping for maiming. 18 Persons guilty of kidnapping for ransom. 16 Persons guilty of kidnapping for ransom. 16 In such case victim is minor. 18 In such case victim is minor. 18 Persons guilty in rape cases. 18 Persons guilty in rape cases. 18 20 20 22 22 where section 433 (a) of CrPC is not applicable.
313, 314
4(b)
5 326, 329 Persons guilty of causing grievous hurt
2 304 (b) Person guilty of causing death for Dowry 20 3 311 Persons guilty under this section (Thugs) 14 Sr. I.P.C. section Nature of Offence Total period of 4(a) Persons guilty of causing miscarriage of 14 imprisonment No. unborn child without woman's consent or including/adding any such act which results in her death. remission, subject to the In case such victim is minor. 16 OFFICIAL GAZETTE — GOVT. OF GOA minimum of 10 years of 14 actual imprisonment SERIES I No. 7 (EXTRAORDINARY) 25TH MAY, 2022 including set off period.
| 6 (1) | 363 (A)(2) (2) | Persons guilty of kidnapping for maiming. (3) | 18 (4) |
| 7(a) 1 | 304, 307 364 | Persons guilty of kidnapping for ransom. Persons guilty of homicides not amounting | 16 14 |
| 7(b) | to murder, causing death by negligence, In such case victim is minor. | 18 | |
| 8(a) | 376 304 (b) | attempt to murder etc. Persons guilty in rape cases. | 18 |
| 2 8(b) | Person guilty of causing death for Dowry Where victim is minor. | 20 | |
| 3 8(c) 4(a) | 311 376(1) | Persons guilty under this section (Thugs) Rape on physically handicapped or Persons guilty of causing miscarriage of mentally retarded girl, pregnant woman, unborn child without woman's consent or gang rape or custodial rape. | 14 22 14 |
| 9 4(b) | 313, 314 388 to 400 | any such act which results in her death. Persons guilty of extortion, robbery, In case such victim is minor dacoity, etc. under these sections. | 14 16 |
| 5 10 | 326, 329 409 | Persons guilty of causing grievous hurt Persons guilty of criminal breach of trust under these sections under this section. | 14 |
| 6 11 7(a) | 363 (A)(2) 412, 413 | Persons guilty of kidnapping for maiming. Persons guilty of offences related to stolen Persons guilty of kidnapping for ransom property under these sections. | 18 14 16 |
| 7(b) 12 8(a) | 364 436, 438 | In such case victim is minor Persons guilty of mischief described under Persons guilty in rape cases these sections. | 18 14 18 |
| 8(b) 13 8(c) | 376 449 376(1) | Where victim is minor Persons guilty of house-tress pass in order Rape on physically handicapped or to commit offence punishable with death. | 20 22 |
| 14 9 | 459 388 to 400 | mentally retarded girl, pregnant woman, Persons guilty of causing grievous hurt gang rape or custodial rape whilst committing house-break or house Persons guilty of extortion, robbery, tress pass. | 14 14 |
| 15 10 | 460 409 | dacoity, etc under these sections. Persons guilty of causing grievous hurt or Persons guilty of criminal breach of trust death while committing of house-tress under this section. pass or house breaking. | 18 14 |
| 11 16 12 | 412, 413 467, 472, 474, 475, 489A, 489B, 489D 436, 438 | Persons guilty of offences related to stolen Persons guilty of forgery or counterfeit property under these sections. substance etc. Persons guilty of mischief described under | 14 14 |
| 17 13 | 222, 225 449 | these sections. Persons guilty of offences described under these sections. Persons guilty of house-tress pass in order | 20 20 |
| 18 | 232, 238, 255 | to commit offence punishable with death. Offences relating to of coin and Government stamps, Counterfeiting Government stamp. | 20 |
| 19 | - | Offences against the State. | 30 |
| 20 | - | Offences by extremists/terrorists/ organized crimes or similar nature of offences. | 40 |
| 21 | - | The Goa Children's Act, 2003. | The State Government will decide individual cases on merit |
| 22 | - | Any other such offences which are not specifically covered in above categories. | The State Government will decide individual cases on merit |
5. The State Sentence Review Board shall follow the procedure as laid down in the Goa
Prisons Rules, 2021 and Goa Prisons Manual, 2016.
These guidelines shall come into force from that date of publication in the Official Gazette.
By order and in the name of the Governor of Goa.
Pritidas Upasso Gaonkar, Under Secretary (Home-I).
Porvorim, 11th May, 2022.
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