EnglishFrenchPortugueseRussianUrdu

Good Conduct Prisoners’ Probational Release Act, 1926

(Punjab Act X of 1926)

[27 August 1926]

An Act to provide for the release of good conduct prisoners on conditions imposed by the [2][2][Provincial Government]

Preamble.— WHEREAS it is expedient to provide for the conditional release from prison of good conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced, and whereas the previous sanction of the Governor-General under sub-section (3) of section 80-A of the Government of India Act has been obtained;

            It is hereby enacted as follows:—

  1. Short title, extent and commencement.—(1) This Act may be called the Good Conduct Prisoners’ Probational Release Act, 1926.

      [3][3][(2)         It extends to the whole of the Province of [4][4][the Punjab] except [5][5][Tribal Areas].

            (3)        It shall come into force [6][6]on such date as the [7][7][Provincial Government] may by notification appoint in this behalf.

  1. Power of Government to release by license on conditions imposed by it.—Notwithstanding anything contained in section 401 of the Code of Criminal Procedure, 1898[8][8], where a person is confined in prison under a sentence of imprisonment, and it appears to the [9][9][Provincial Government] from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead useful and industrious life, if he is released from prison, the [10][10][Provincial Government] may by license permit him to be released on condition that he be placed under the supervision or authority of a [11][11][servant of the state] or a secular institution or of a person or society professing the same religion as the prisoner, named in the license and willing to take charge of him.

            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 Code of Criminal Procedure, 1898[12][12].

  1. Period for which license is to be in force.—A license granted under the provisions of section 2 shall be in force until the date on which the person released would, in the execution of the order or warrant authorising his imprisonment, have been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner.
  2. Period of release to be reckoned as imprisonment for computing period of sentence served.—The period during which a person is absent from prison under the provisions of this Act on a license which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of the sentence and for the purpose of computing the amount of remission of his sentence which might be awarded to him under any rules in force relating to such remission.
  3. Form of license.—A license granted under the provisions of section 2 shall be in such form and shall contain such conditions as the [13][13][Provincial Government] may, by general or special order or by rules made in this behalf direct.
  4. Power to revoke license.—(1) The [14][14][Provincial Government] may at any time revoke a license granted under the provisions of section 2.

            (2)        An order of revocation passed under the provisions of sub-section (1) shall specify the date with effect from which the license shall cease to be in force and shall be served in such manner as the [15][15][Provincial Government] may by rules prescribe, upon the person whose license has been revoked.

  1. Released absconders who escape from supervision to be punishable.—(1) If any person escapes from the supervision or authority of a [16][16][servant of the state] or secular institution, or a society or person in whose charge he has been placed under the provisions of section 2, or if any person whose license 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 magistrate be punishable with imprisonment of a term which may extend to two years or with fine, or with both.

            (2)        An offence punishable under the provisions of sub-section (1) shall be deemed 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[17][17].

  1. Power to make rules.—The [18][18][Provincial Government] may make rules[19][19] consistent with this Act—

      (1)   for the form and conditions of licenses on which prisoners may be released;

      (2)   for defining the powers and duties of Government officers, societies or persons, under whose authority or supervision conditionally released prisoners may be kept;

      (3)   for defining the classes of offenders who may be conditionally released and the period of imprisonment after which they may be so released;

      (4)   generally for carrying into effect all the purposes of this Act.

[1][1]For statement of objects and reasons, see Punjab Gazette, 1926, Pt. I, p.543; and for Proceedings in Council, see Punjab Legislative Council Debates, Volume IX-B, pp.1109-11.

This Act received the assent of the Governor of the Punjab on 21st July, 1926; that of the Governor-General on 16th August 1926 and was published in the Punjab Gazette (Extraordinary), dated 27th August, 1926.

[2][2]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[3][3]Substituted, for the original sub-section (2), by the West Pakistan Good Conduct Prisoners’ Probational Release (Extension) Act, 1958 (VII of 1958), section  2.

[4][4]Substituted, for the words “West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974).

[5][5]Substituted, for the words “Federal Capital and the Special Areas”, by the West Pakistan Waqf Properties (Amendment) Ordinance, 1964 (XXV of 1964).

[6][6]This Act came into force on 1st May, 1927 vide Pb Government (Jails) Notification No.13272, dated: 27th April, 1927.

[7][7]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[8][8]V of 1898.

[9][9]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[10][10]Ibid.

[11][11]Substituted, for the words “Servant of the Crown”, by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1), Schedule Pt. II, which were previously subs., for the words “Government Officer”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[12][12]V of 1898.

[13][13]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[14][14]Ibid.

[15][15]Ibid.

[16][16]Substituted, for the words, “Servant of the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section  2(1) Schedule Pt. II, which were previously subs., for the words “Government Officer”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[17][17]V of 1898.

[18][18]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[19][19]For rules, see Notification No. 13272, dated 27th April, 1927, Punjab Gazette 1927, Part I, pp. 395-98.

Print Friendly, PDF & Email