Amendment status not verified — confirm the current text below against the official source.
(1) If a prisoner, who desires to appeal or to file revision, declares that he has no relative or agent who is willing to make an appeal or file revision for him, the Superintendent shall apply, in the form as prescribed from time to time by the Director General, for a copy of the judgment or order relating to such prisoner against which he desires to appeal or file revision. If the copy of the judgment is not received within seven days, the Superintendent shall send a reminder for it and if there is any excessive delay, shall report the matter to the District & Sessions Judge. (2) On receipt of the copy of judgment or order, a written acknowledgment shall be obtained from the prisoner. The prisoner shall if he knows to write, be allowed to write his appeal or revision. If the prisoner does not know to write, the Superintendent shall cause his appeal to be written for him by another prisoner or by a prison officer or by his counsel or the counsel provided by the legal services authority concerned. (3) When a legal aid counsel is provided to the petitioner through legal services authority, the prisoner shall be informed about the particulars of such legal aid counsel provided to him. If such legal aid counsel fails to represent the prisoner in court, the prisoner will intimate the Superintendent and the Superintendent shall report the matter to the legal services authority concerned. (4) A prisoner or officer deputed to write an appeal or revision shall do so at the appellant’s dictation and shall neither make any suggestion to the prisoner as to what shall be stated nor add anything to what the prisoner himself desires to have stated in the appeal or revision. The prisoner or officer deputed to write an appeal or revision shall read out the appeal to the convict. NOTE.-1 The Superintendent is not justified in refusing to forward the appeal or revision of any prisoner on the ground of limitation. NOTE.-2 An appeal or revision made by the Superintendent on behalf of a prisoner should, before dispatch, be read over to the appellant, in the presence of the Superintendent, who shall if the prisoner approves of the appeal or revision, countersign the document and the official seal of the prison be stamped thereon. NOTE.- 3 If, after the receipt of the copy of the judgment or order, a relative, family member, or agent of the prisoner undertakes to make the appeal or revision on his behalf and the prisoner consents to that course, the copy of the judgment shall be delivered to such relative, family member or agent as the case may be, under proper receipt. NOTE.- 4 Convicts are entitled under section 363 (1) and (2) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) to a copy of the judgment free of all cost. A copy of every judgment shall also be sent to the Superintendent. For this rule, the word prisoner shall include his legal counsel (5) If a prisoner’s appeal fails and he desires to prefer an application for revision, he is entitled to get, for filing revision application, a free copy of the impugned order. (6) The signature of the appellant on the appeal or revision petition shall be witnessed and attested by an officer not below the rank of Assistant Superintendent before forwarding the same to the Superintendent. (7) The Superintendent shall forward the appeal or revision without delay to the appellate or the revisional court. If any delay has occurred in preparing the appeal or revision petition after the receipt of the copy of the judgment, a note of such delay shall also be made on the petition. Prisoners convicted in the same case may appeal or apply for revision either jointly in one petition or separately. In case of joint petition, one copy of judgment shall suffice for all. NOTE.- Appeal or revision by military prisoners against sentences passed by the Court Martial shall be forwarded to the Military Command headquarters. HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) 1261 (8) When notice of the date of hearing of an appeal or revision petition is received, it shall be communicated to the convict and a written acknowledgment of receipt of such notice shall be obtained. The notice shall then be attested by the Superintendent or the Deputy Superintendent (Administration) and returned to the court concerned. (9) When notice to show cause, why a prisoner's sentence shall not be enhanced, is received from the appellate court, the prisoner shall be asked whether he wishes to apply for permission to appear in person before the court concerned. If he says so, the Superintendent shall forward his application to the court for orders. Arrangements shall be made for his appearance before the court if such permission is granted. (10) The Superintendent shall inform every convict under sentence of death that if he wishes to appeal to the High Court, as the case may be, he must do so within thirty days. (11) Copy of the judgment or any order of the High Court in a criminal case, shall, on an application made in this regard by the convicted prisoner, be supplied free of cost. (12) If several persons are sentenced in the same case, only one copy of the judgment shall suffice for all such prisoners who are confined in the same prison. Maintenance of appeal and revision register.