Amendment

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-30012024-251640 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 40] DELHI, MONDAY, JANUARY 29, 2024/MAGHA 9, 1945 [N. C. T. D. No. 410 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HOME (GENERAL) DEPARTMENT NOTIFICATION Delhi, the 29th January, 2024 F. No. 18/08/2023-Home (G)/258-266.-In exercise of the powers conferred by clause (xxxi) of sub section (2) of the Section 71 of Delhi Prisons Act (Delhi Act No.2 of 2002), the Lt. Governor of National Capital Territory of Delhi is pleased to further amend the Delhi Prison Rules, 2018 notified vide Notification of this Government No. F.9/87/2018/HG/5980 dated 01.10.2018, namely:- 1. Short title and commencement: - (1) These rules may be called "The Delhi Prisons (Amendment) Rules, 2024". (2) The amendment shall come into effect on the date of its publication in the Official Gazette. 2. The following shall be added after Rule 1246 of Delhi Prison Rules, 2018: Rule 1246 A:- 1. The "incapacitated convict" means such convict who is incapacitated and therefore, unable to perform his/her own daily tasks and in addition, whose age is 70 years and above. 2. These rules are applicable only to "incapacitated convict", who is undergoing either rigorous or simple imprisonment for a fixed term of sentence, and his appeal against the convictions have been decided by the appellate courts. However, these rules shall not be applicable to any incapacitated convict or otherwise who has been sentenced to death or is a life convict or is a prisoner convicted under offences under NDPS Act, 1985 or POCSO Act, 2012 or Negotiable Instrument Act, 1881 or Unlawful Activities (Prevention) Act, 1967 or Terrorist and Disruptive Activities (Prevention) Act, 1985 or any offences relating to terrorism or the cases investigated by National Investigation Agency or offences under Prevention of Corruption Act, 1988 or Prevention of Money Laundering Act, 2002. 3. Only a convict who has been declared "incapacitated convict" by Medical Board and has undergone at least 50% of his actual sentence awarded (without counting the period of remission earned), after conviction and whose case is covered under these rules will be eligible to be considered for remittance of the sentence for their pre-mature release. 4. The composition of Committee to consider the case for pre-mature release through remittance of sentence under Rule 1246A will be the same as provided in Rule 1247 of Delhi Prison Rules, 2018. 5. A Social Investigation Report to be submitted to the Committee will inter alia include feedback from the victim(s) of the crime involving the convict. 6. There shall be an Evaluation Committee comprising of following members to evaluate the medical condition of the convict on the basis of certification of Medical Board:- 1. Deputy Inspector General (Prisons), Range. 2. Superintendent of concerned Jail- Member Secretary. 3. Resident Medical Officer Jail- Member. 4. At least two Specialist Doctors of the relevant field from any Government Hospitals to be nominated by the DG (Prisons) - Member. The DG (Prisons) may also take opinion of any medical authority like AIIMS as it deems fit. The Evaluation Committee may recommend whether convict is fit for premature release under this rule. Superintendent Jail shall process the report of the Evaluation Committee along with nominal roll, brief history of case(s), his recommendation, the report of Deputy Commissioner of Police/Superintendent of Police of the District (s) concerned, report of the Chief Probation Officer (s) including the feedback of victim of the case(s) and submit to DG (Prisons), who shall place the matter before the Committee as provided in Rule 1246A (4) with his recommendations. 7. The Committee as provided in the Rule 1246A (4) shall have the right to reject the release of a convict and the release will not be the right of the convict. Provided further that a recommendation of the evaluation committee to release a convict will not be binding on the committee as provided in sub rule 4 of Rule 1246A. 8. All eligible case(s), recommended by the Committee, will be submitted to the Hon'ble Lt. Governor, Government of National Capital Territory of Delhi for approval of remittance of remaining sentence for pre-mature release u/s 432 Cr.P.C. 1973. By Order and in the Name of Lt. Governor of National Capital Territory of Delhi, Sh. RAJEEV KUMAR TYAGI, Dy. Secy. Home (General) Note:-The Principal Notification was notified vide No. F.9/87/2018/HG/5980 dated 01.10.2018 and subsequently amended as under:- +-------+----------------------------------+-------------+ | S.No. | File No. | Date | +=======+==================================+=============+ | 1. | F.9/87/2018/HG/6708-6713 | 05.11.2018 | | 2. | F.9/82/2019/HG/715-728 | 12.02.2020 | | 3. | F.18/191/2015/HG/1379-1392 | 23.03.2020 | | 4. | F.18/191/2015/HG/1649-62 | 20.05.2020 | | 5. | F.18/191/2015/HG/1840-1853 | 08.06.2020 | | 6. | F.18/71/2019/HG/1897-1905 | 16.06.2020 | | 7. | F.18/26/2022/HG/2672-2680 | 23.09.2022 | +-------+----------------------------------+-------------+ Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.