The state government on January 26 decided to remit sentences against certain categories of prisoners convicted by the courts (other than Court Martial) having criminal jurisdiction in the state of Nagaland and sentenced to rigorous imprisonment. According to an official bulletin, home commissioner, Jane Alam IAS stated the order would come into effect from January 26.
In exercise of the power conferred by Sub-section 1 of Section 432 of the Code Criminal Procedure, 1973 (Act No. 2 of 1974 herein after referred as the said Code), the governor of Nagaland has granted remission of sentences to different categories of prisoners as specified below, lodged in the jails of Nagaland and outside other than those in respect of whom the sentence is inflicted for an offence against the Order referred to in Sub-section 6 of Section 432 of the said Code passed under any law relating to which the executive powers of the union extends.
The scale of remission of sentence for different categories is specified below:-
Category Scale of remission
1. Prisoners sentenced to 10 years and above 30 (thirty) days
2. Prisoners sentenced to 5 years to 10 years 20 (Twenty) days
3 Prisoners sentenced to 1 year to 5 years 10 (Ten) days
4. Prisoners sentenced up to 1 year 5 (Five) days
Further, the aforesaid remission granted under the order shall not be admissible to the following categories of prisoners: -
1. Prisoners convicted under Foreigners Act.
2. Prisoners convicted under Passport Act.
3. Prisoners convicted under Unlawful Activities (Prevention) Act.
4. Prisoners convicted under Section 3 to 10 of Official Secrets act, 1923.
5. Prisoners convicted under Section 2 to 3 of Criminal Amendment Act, 1961.
6. Prisoners convicted under Section 121 to 130 of IPC.
7. Prisoners convicted under Section 107/109 of CrPC.
8. Prisoners convicted under Prevention of Corruption Act.
9. Prisoners convicted of rape, attempt to rape or assault on women.
10. Convicted prisoners found violating jail rules and discipline such as threatening/intimidation/quarrelling/beating of fellow prisoners/staff and smuggling of contraband and prohibited articles.
11. Foreign National convicted under any Acts.