Amendment status not verified — confirm the current text below against the official source.
(1) The State Government may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2) any prisoner if the State Government is satisfied that- (a) 1[a member of the prisoner's family has died; or (aa) husband or wife or son or daughter or father or mother or brother or sister or grand-father or grand-mother or grand- son or grand-daughter or father-in-law or mother-in-law of the prisoner is seriously ill; or] (b) the marriage of the prisoner's son or daughter is to be celebrated; or (c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation 2[on his land or any other land cultivated by him] and no friend of the prisoner or a member of the prisoner's family is prepared to help him in this behalf in his absence; or 3[(cc) a lady prisoner is pregnant and is likely to deliver a child; or] (d) it is desirable so to do for any other sufficient cause. 4[Explanation. - The expression "sufficient cause" includes- 1 Substituted by Punjab Act No.1 of 2016, section 3(i)(A). 2 Substituted for words "on his land" by Punjab Act No.21 of 2000, section 2(i). 3 Inserted by Punjab Act No.1 of 2016, section 3(i)(B). 4 Added by Punjab Act No.1 of 2016, section 3(i)(C). Temporary release of prisoners on certain grounds. (1) serious damage to life or property of the member of the family caused by any natural calamity; or (2) critical condition of any member of the family on account of accident; or (3) delivery of child by the wife of the prisoner.] (2) 1[The period for which a prisoner may be released shall be determined by the State Government so as not to exceed— (a) where the prisoner is to be released on the ground specified in clause (a) of sub-section (1), fifteen days ; (b) where the prisoner is to be released on the ground specified in clause (aa) or clause (b) or clause (c) or clause (d) of sub- section (1), 2[eight weeks]; and (c) where the prisoner is to be released on the ground specified in clause (cc) of sub-section (1), one hundred and twenty days (sixty days prior to date of delivery of child and sixty days after the date of delivery of child).] 3[(2-A) The total period of temporary release of the prisoner, excluding the release availed of,- (i) on the death of a family member of the prisoner; or (ii) by a female prisoner on account of delivery of child, as the case may be, shall not exceed sixteen weeks, during a calendar year and shall be availed of on quarterly basis: Provided that a prisoner, may avail such release for a continuous period of sixteen weeks, during the period falling between the 23rd day of November, 2018 to the 23rd day of November, 2019, as a 1 Substituted by Punjab Act No.1 of 2016, section 3(ii). 2 Substituted for words "six weeks" by Punjab Act No.2 of 2019, section 2(i). 3 Inserted by Punjab Act No. 21 of 2000, section 2(ii), further substituted by Punjab Act No. 1 of 2016, section 3(iii), further substituted by Punjab Act No.2 of 2019, section 2(ii). onetime measure on pro-rata basis, however, subject to the other provisions of the Act: Provided further that any prisoner who is on temporary release for a specified period and wants to surrender before the expiry of his temporary release period, he shall be allowed to do so:] 1[Provided further that during disasters under the Disaster Management Act, 2005, or epidemics under the Epidemic Diseases Act, 1897, the State Government may, by a special notification published in the Official Gazette, allow temporary release beyond the maximum period of sixteen weeks during a calendar year, and may also waive the condition of temporary release being availed of on quarterly basis.] (3) The period of release under this section shall not count towards the total period of the sentence of a prisoner. (4) The State Government may by notification authorise any officer to exercise its power under this section in respect of all or any of the grounds specified therein.