The UP Prisoners Release on Probation Act 1938

THE UNITED PROVINCES PRISONERS’ RELEASE ON PROBATION ACT, 19381 [ U. P. ACT No. VIII of 1938 ] Adapted and modified by the Adaptation of Laws Order, 1950 [ Received the assent of the Governor on September 14, 1938, and was published2 under section 75 of the Government of India Act, 1935, on September 24, 1938 ] AN ACT To provide for the release of certain prisioners on conditions imposed by the Provincial Government. Whereas it is expedient to provide for the conditional release from prison of prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced; it is hereby enacted as follows : Short title, 1. (1) This Act may be called the United Provinces Prisoners’ extent and Release on Probation Act, 1938. commencement (2) It extends3 to the whole of 4[Uttar Pradesh]. (3) It shall come into force such date5 as the 6[State Government] may by notification appoint in this behalf. 2. Notwithstanding anything contained in section 401 of the Act V of 1898 Code of Criminal Procedure, 1898, where a person is confined in prison under a sentence of imprisonment, and It appears to the 6[State Government] from his antecedents and his conduct in the prison that he is likely to abstain from crime and lead a peaceable life, if he is released from prison, the 6[State Government] may by licence permit Power of him to be released on condition that he be placed under the supervision Government to or authority of a Government Officer or of a person professing the same release by licence on religion as the prisoner, or such secular institution or such society conditions belonging to the same religion as the prisoner as may be recognized by imposed by it the 6[State Government] for this purpose, provided such other person, institution or society is willing to take charge of him. —————————————————————————————————————————— 1. For S.O.R. see Gaz. 1938, Pt. VII, p. 152. 2. See Gaz. 1938, Pt. VII, pp. 73-74. 3. This Act has been extended to the areas mentioned in column 1 of this table under the Act or Order mentioned in column 2 and enforced in areas under notification, if any, mentioned in column 3 with effect from the date mentioned in column 4 against each such area : Areas Act or Order under which Notification, if any, under Date from which extended which enforced enforced 1. Rampur District Merged States … July 31, 1949. (Laws) Act, 1949. 2. Banaras District Banaras (Application of laws) No. 3262(1)(2), Nov. 30, 1949. Order, 1949. d. Nov. 30, 1949. 3. Tehri-Garhwal Tehri-Garhwal (Do.) Ditto Ditto District Order, 1949. 4. Subs. by the A.O. 1950 for (the United Provinces). 5. This Act came into force on Jan. 15, 1939, see not. No. 3436/VI-1651(7)-37, d. Dec. 17, 1938, in Gaz. 1938, Pt. VIII, p. 1287. 6. Subs. by the A.O. 1950 for (Provincial Government). 4 [The United Provinces Prisoners’ Release On Probation Act, 1938] Explanation–The expression ‘‘sentence of imprisonment’’ in this section shall include imprisonment in default of payment of fine and imprisonment for failure to furnish security under Chapter VIII of the Act V of 1898 Code of Criminal Procedure, 1898. Period for 3. A licence granted under the provisions of section 2 shall be in which licence force until the date on which the person released would, in the is to be in force execution of the order of warrant authorizing his imprisonment, have been discharged from prison had he not been released on licence, or until the licence is revoked, whichever is earlier. Period of 4. The period during which a person is absent from prison release to be under the provisions of this Act on a licence which is in force shall be reckoned as imprisonment reckoned as a part of the period of imprisonment to which he was for computing sentenced, for the purpose of computing the period of his sentence and period of for the purpose of computing the amount of remission of sentence sentence served which might be awarded to him under any rule in force relating to such remissions. Form of licence 5. A licence granted under the provisions of section 2 shall be in such form and shall contain such conditions as the 1[State Government] may by general or special order or by rules made in this behalf, direct. Power to 6. (1) The 1[State Government] may at any time for reasons to be revoke licence recorded in writing revoke a licence granted under the provisions of section 2 : Provided that no licence shall be revoked on the ground of the breach of a condition of the licence without giving an opportunity to the person concerned to represent his case before the District Magistrate of the district in which he is residing at the time. (2) An order of revocation passed under the provisions of sub- section (1) shall specifiy the date with effect from which the licence shall cease to be in force, and shall be served, in such manner as the 1[State Government] may, by rule prescribe, upon the person whose licence has been revoked. Released 7. (1) If any person escapes from the supervision or authority of absconders a Government officer or secular institution or a society or person in escape from supervision to whose charge he has been placed under the provisions of section 2, or if be punishable any person whose licence has been revoked under the provisions of section 6, fails, without lawful excuse, the burden of proving which shall be upon him, to return to the prison from which he was released, on or before the date specified in the order of revocation, such person shall on conviction by a magistrate be liable to serve the unexpired portion of his original sentence and shall also be punishable with imprisonment for a further term which may extend, to two years or with fine not exceeding rupees two hundred or with both. (2) An offence punishable under sub-section (1) shall be deemed Act V of 1898 to be a cognizable offence within the meaning of clause (f) of sub- section (1) of section 4 of the code of Criminal Procedure, 1898. —————————————————————————————————————————— 1. Subs. by the A.O. 1950 for (Provl. Govt.). 6 [The United Provinces Prisoners’ Release On Probation Act, 1938] Power to 8. (1) The 1[State Government] may remit the whole or a part of Government to the sentence of a person sentenced to imprisonment for an offence remit sentence under any Act, on such person entering into a bond, with one or more sureties, in such amount and for such period as the 1[State Government] may direct, to be of good behavior and to observe such conditions as to residence or otherwise as the 1[State Government] may impose. (2) The provisions of sections 126, 126-A, 514, 514-A, 514-B Act V of 1898 and 515 of the Code of Criminal Procedure, 1898, shall, so far as they may be, apply in the case of suretites offered and bonds given under this section as if they had been offered and given under Chapter VIII of the said Code : Provided that if any person, required under section 126-A or 514-A of the said Code to furnish fresh security, fails to furnish the same, the 1[State Government] may cancel the order passed under sub- section (1) and order that such person shall serve the whole or so much of his unexpired sentence as the 1[State Government] may direct. (3) If any person related under sub-section (1) fails to observe the conditions of his bond, the 1[State Government] may direct that he be re-arrested and sent to prison to serve the whole or such part of his unexpired sentence as it may direct, in addition to any proceedings that may be taken against him or his surety or sureties in respect of such bond under the said Code. Power to make 9. The 1[State Government] may make rules consistent with this rules Act– (1) for the form and conditions of licences on which prisoners may be released ; (2) for the appointment of Government officer, the recognition of institutions and societies referred to in section 2; (3) for defining the powers and duties of Government officers, institutions or persons, under whose authority or supervision, conditionally released prisoners may be kept ; (4) for defining the classes of offenders who may be conditionally released, and the periods of imprisonment after which they may be so released; (5) for prescribing the manner in which an order of revocation of a licence shall be served on the person whose licence is revoked; (6) generally for carrying into effect all the purposes of this Act. —————————————————————————————————————————— 1. Subs. by the A.O. 1950 for [Provl. Govt.] 8 2