319

Panaji, 25th May, 2022 (Jyaistha 4, 1944)

SERIES I No. 7

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

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withdrawn as the said order has been pub-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

320

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)

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.

(b) Where the convict has committed the murder with

premeditation or by a gang.

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.

(b)

Where the crime as mentioned above committed with

premeditation.

(c)

Where the crime is committed with exceptional

violence and or with brutality or death of victim due to

burns.

(d)

Murder with rape.

Murders arising out of land dispute, family feuds, family prestige and superstition

(a)

If the offence is committed in individual capacity and

without premeditation.

(b)

Crime committed as above with premeditation, either

individually or by a gang.

Murders for other reasons

(a)

Where a murder is committed without premeditation

in an individual capacity and the person has no

previous criminal history.

(b)

Murder committed with premeditation or a person

having criminal history.

(c)

Murder resulting from trade union activities and

business rivalry.

(d)

Murder committed by more than one person/group of

persons.

OFFICIAL GAZETTE — GOVT. OF GOA

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25TH MAY, 2022

321

(1)

(2)

(3)

Off

(e)

Murder

committed

with

exceptional

violence/

brutality/kidnapping. Murder committed by dacoits

and robbers in the act of committing dacoits and

robberies.

Murder

committed

bootleggers,

gamblers, flesh traders etc.

Murder for political reasons

(a)

Murders arising out of political rivalry and political

interest without premeditation.

(b)

Murder arising out of political rivalry and political

interest with premeditation.

Murder for serious offences

(a)

Murder committed by Gangsters, Contract killers,

Racketeers etc.

(b)

Persons already convicted for life imprisonment and

is/are convicted again for murder.

(c)

Convict awarded more than one life sentence and

sentences running concurrently.

(d)

Prisoners whose death sentence has been commuted

to life imprisonment.

Punishment under the special acts such as TADA, Goa

Children’s Act 2003, POTA for murder, Offences

committed against the State/Offences committed by

extremists/terrorists/organized

crimes

similar

nature of offences

(a)

Convict awarded one life sentence.

(b)

Convict awarded two life sentence and sentences

running concurrently.

(c)

Convict awarded more than two life sentence and

sentences running concurrently.

Any

other

such

offences

which

are

exceptional/heinous

nature

and

not

specifically

covered in above categories.

The State Government will decide

individual cases on merit

____

SCHEDULE–II

Persons guilty of offences not involving murder who are sentenced to life imprisonment where

section 433 (a) of CrPC is not applicable.

Sr.

No.

I.P.C. section

Nature of Offence

Total period of

imprisonment

including/adding

remission, subject to the

minimum of 10 years of

actual imprisonment

including set off period.

(1)

(2)

(3)

(4)

304, 307

Persons guilty of homicides not amounting

to murder, causing death by negligence,

attempt to murder etc.

304 (b)

Person guilty of causing death for Dowry

311

Persons guilty under this section (Thugs)

4(a)

313, 314

Persons guilty of causing miscarriage of

unborn child without woman’s consent or

any such act which results in her death.

4(b)

In case such victim is minor.

326, 329

Persons guilty of causing grievous hurt

under these sections.

363 (A)(2)

Persons guilty of kidnapping for maiming.

OFFICIAL GAZETTE — GOVT. OF GOA

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25TH MAY, 2022

322

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 4.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA— 61/150—5/2022.

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.

(1)

(2)

(3)

(4)

7(a)

364

Persons guilty of kidnapping for ransom.

7(b)

In such case victim is minor.

8(a)

376

Persons guilty in rape cases.

8(b)

Where victim is minor.

8(c)

376(1)

Rape

physically

handicapped

mentally retarded girl, pregnant woman,

gang rape or custodial rape.

388 to 400

Persons

guilty

extortion,

robbery,

dacoity, etc. under these sections.

409

Persons guilty of criminal breach of trust

under this section.

412, 413

Persons guilty of offences related to stolen

property under these sections.

436, 438

Persons guilty of mischief described under

these sections.

449

Persons guilty of house-tress pass in order

to commit offence punishable with death.

459

Persons guilty of causing grievous hurt

whilst committing house-break or house

tress pass.

460

Persons guilty of causing grievous hurt or

death while committing of house-tress

pass or house breaking.

467, 472, 474,

475, 489A, 489B,

489D

Persons guilty of forgery or counterfeit

substance etc.

222, 225

Persons guilty of offences described under

these sections.

232, 238, 255

Offences

relating

coin

and

Government

stamps,

Counterfeiting

Government stamp.

Offences against the State.

Offences

extremists/terrorists/

organized crimes or similar nature of

offences.

The Goa Children’s Act, 2003.

The State Government

will decide individual

cases on merit

Any other such offences which are not

specifically covered in above categories.

The State Government

will decide individual

cases on merit