The guidelines lay out eligibility for women, transgender, and male convicts to be released across the country in three phases on October 2, 2018, April 6, 2019, and October 2, 2019.
Prisoners convicted of murder, rape, corruption, and terror cases will not be released as part of an amnesty scheme announced by the government for the year-long celebrations to mark the 150th birth anniversary of Mahatma Gandhi, beginning October 2.
The Centre has conveyed the guidelines for the amnesty of prisoners to all states, making it clear that the remission is not to be granted to persons convicted in an offence for which the sentence is a death penalty or where a death sentence has been commuted to life imprisonment.
Those convicted for counterfeiting currency notes (FICN), child sexual abuse, Immoral Traffic (Prevention) Act, 1956, drug trafficking, money laundering and involvement in black money transactions will also not be eligible for release under the scheme.
The guidelines lay out eligibility for women, transgender, and male convicts to be released across the country in three phases on October 2, 2018, April 6, 2019, and October 2, 2019.
Those eligible to be released under the amnesty scheme include:
Women and transgender convicts, who are 55-year-old and above, and have completed half of their actual sentence without counting the period of general remission earned by them.
Male convicts who are 60-year-old and above, and have completed 50 per cent of their actual sentence period, without counting the period of general remission earned by them.
Physically challenged convicts with 70 per cent disability and more, duly certified by a medical board, who have completed half of their actual sentence.
Terminally ill convicts, duly certified by a medical board.
Convicted prisoners who have completed two-thirds (66 per cent) of their actual sentence period.
Since prisons and persons detained therein are 'state' subjects, the state governments have been advised to constitute a state-level committee to examine cases of eligible prisoners satisfying and fulfilling the conditions, an official said.
The state governments will place the recommendation of the committee before the Governor for consideration and approval in the exercise of his power under Article 161 of the Constitution of India and in case of Jammu and Kashmir under Section 34 of its Constitution.
Cases, where approval of the central government is required as per law, may be sent to the Ministry of Home Affairs. The foreign nationals, who have been convicted, shall be released with the concurrence of the Ministry of External Affairs, another official said.
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