Powers of Deputy and Assistant Jailers

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. State of Haryana vs Balwant

   Supreme Court of India 22 Mar 2010 Binding (SC) - Landmark Reportable

   Court's Decision & Legal Precedent

   A life convict has a legitimate expectation grounded in constitutional law (Article 161 and the Prisons Act 1894) and criminal procedure to be considered for pre-mature release or clemency under the remission policy that existed at the time of his conviction, not under a stricter policy subsequently introduced by the government. While the executive's clemency power under Article 161 is absolute and cannot be restricted by statutory provisions like Sections 432-433A CrPC, this power must be exercised reasonably and in accordance with fair principles of administrative law, including the doctrine of legitimate expectation. The state cannot retroactively withdraw or make more stringent a remission policy that was in force at conviction, as this would violate the constitutional protections under Articles 20(1) and 21, and the statutory rights created under the Prisons Act 1894 and rules framed thereunder. Once a remission policy is issued by the government (even as an executive instruction), it must be uniformly and invariably applied to all similarly situated convicts and cannot be selectively withdrawn or changed retroactively for convicts convicted before the policy change.

   On this section: Provide for release of prisoners who earned remission; Court found these statutory rules applicable in Haryana and create enforceable rights in lifers

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.