recorded thereon.
Extent of total remission.
Rule217. (i) The total remission, both ordinary and special
awarded to a prisoner under these rules (other than remission for
donating blood awarded under rule 212, surgical sterilisation under
rule 213 and for passing an examination under rule 215) shall not
exceed one third of his sentence;
Provided that Government may, on the recommendations
of the Inspector-General, grant remission beyond the one-third
limit in very exceptional and deserving cases.
(ii) Remission, both ordinary and special, earned by a
lifer shall be so much that a sentence of imprisonment for life
is not shortened to a period of imprisonment less than fifteen
years.
Remission under section 401 of Criminal Procedure Code.
Rule218. Special remission is awarded by Government on
occasions of public rejoicing. It is granted unconditionally under
section 401 (i) of the Criminal Procedure Code, 1898, and is not
governed by these rules.
COMMENTS
Classification of convicts. Remissions under Pakistan
Prison Rules, 1978, are of two kinds; ordinary and special; it is
provided in R. 218 of Pakistan Prison Rules, 1978, that special
remission is awarded by Government on occasions of public
rejoining and is granted unconditionally under S. 401(1), Cr.P.C.
and is not governed by Pakistan Prison Rules, 1978 and under the
proviso to S. 401, Cr.P.C. there is no total denial of remission.
Denial is only in respect of remission granted by Provincial
Government under S. 401, Cr.P.C. in respect of sentences awarded
under Chapter XVI of Penal Code, 1860, and in respect of a class
of criminals who committed offence in the name or on the pretext
of Karo Kari, Siah Kari or similar other customs and practices; in
addition to the fact that under proviso to S. 401, Cr.P.C. there is no
total denial of remission, a reasonable classification based on
intelligible differentia is available.
6.
PLD2007Kar. 139(p).
Section 4O1 of Criminal Procedure Code 1898.
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