Defines criteria for habitual offender
Srinagar: In a significant move, the administration of Jammu & Kashmir has amended the Union Territory’s Prison Manual-2022 to prohibit the caste-based segregation in jails and defined criteria for declaring a person as “habitual offender”.
According to amendments carried out by LG-led administration in the Prison Manual, it shall be strictly ensured that there is no discrimination/ classification /segregation of prisoners based on the basis of their caste.
“It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty/ work in prisons on the basis of their caste,” reads the amendments.
As per the amendments, the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act- 2013 shall have a binding effect even in Prisons and correctional institutions.
“Manual scavenging or hazardous cleaning of a sewer and septic tank inside a prison shall not be permitted,” the amendments state.
The government has also redefined the term “habitual offender” in its Prison Manual, 2022.
According to the amendments, a habitual offender is someone who, within a continuous five-year period, has been convicted and sentenced to imprisonment more than twice for crimes committed on different occasions and not part of the same transaction.
“Habitual offender means a person who during any continuous period of five years, has been convicted and sentenced to imprisonment on more than two occasions on account of any one or more of the offences committed on different occasions and not constituting parts of same transaction, such sentence not having been reversed in appeal or review,” reads the amendments.
However, any time spent in prison under sentence or detention does not count within the five-year period.
“Provided that in computing the period of five years referred to above, any period spent in jail, either under sentence of imprisonment or under detention shall not be taken into account,” reads the amendments.
