J&K Amends Prison Manual Redefines Habitual Offender

(MENAFN- Kashmir Observer) Srinagar- The Jammu and Kashmir administration has introduced key amendments to the 'Prison Manual, 2022', redefining the term“habitual offender” and strictly prohibiting caste-based discrimination within jails and correctional institutions.

The changes, notified by the Home Department under the authority of the Lieutenant Governor, were made in exercise of powers under Section 59 of the Prisons Act, 1894.

According to the new amendment in Chapter I of the manual, a habitual offender is now defined as a person who, during any continuous five-year period, has been convicted and sentenced to imprisonment on more than two occasions for offences committed on different occasions and not part of the same transaction. Importantly, any period spent in prison under sentence or detention will not be counted in the five-year duration. Only convictions not reversed on appeal or review will be considered.

This amendment is expected to impact how repeat offenders are classified and handled within the justice system.

The administration has also introduced a new provision (Clause 5.64) under Chapter V of the Prison Manual, aimed at eliminating caste-based discrimination within correctional facilities.

Read Also Man Accused Of Theft Dies In Police Custody In J&K's Ramban, Probe Ordered J&K has No Exclusive Women Jails: MHA

The clause explicitly mandates:

• No classification or segregation of prisoners based on caste.
• No caste-based discrimination in the allotment of prison duties or work.
• Full enforcement of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, within prison premises.
• Manual scavenging or hazardous cleaning of septic tanks or sewers inside prisons is strictly banned.

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