| Details: |
THE [KHYBER
PAKHTUNKHWA] (ADOLESCENT) PRISONER'S RELEASE ON PROBATION ACT, 1948. (Act No. XXIII of 1948)
CONTENTS. PREAMBLE
SECTIONS: 1.
Short title, extent and
commencement. 2.
Power of Government to
release by license on condition imposed by it. 3.
Period for which license is to be
in force. 4.
Period of release to be reckoned as
imprisonment for computing period of sentence served. 5.
Form of license. 6.
Power to revoke license. 7.
Released absconders who escape
from supervision to be punishable. 8.
Power of Government to remit
sentence. 9.
Power to make rules. 10.
Validation of licenses granted,
sentences remitted, and acts done.
THE
[KHYBER
PAKHTUNKHWA] (ADOLESCENT) PRISONER'S RELEASE ON PROBATION ACT, 1948. (Act
No. XXIII of 1948)
(Received the assent of the Governor-General on the 3rd January, 1949). AN ACT to
provide for the release of certain adolescent prisoners on conditions
prescribed by the Provincial Government.
|
WHEREAS it is expedient to provide for the conditional release from
prison of certain adolescent prisoners before the completion of
the term of imprisonment to which they have been sentenced;
It is
hereby enacted as follows:—
|
Preamble.
|
|
1. (1) This Act may be called the [Khyber
Pakhtunkhwa] (Adolescent) Prisoner's Release on Probation Act, 1948.
|
Short title, extent
and commencement.
|
(2) It extends to the
whole of the [Province
of the Khyber Pakhtunkhwa]
(3) It shall be
deemed to have come into force on the 23rd day of May 1945.
|
2.
Notwithstanding anything contained in Section 401 of the
Code of Criminal Procedure, 1898, where an adolescent person is
confined in prison under a sentence of imprisonment, and it appears to the
Provincial Government from his antecedents and his outstandingly good conduct
in the prison that he is likely to abstain from crime and lead a peaceful
life if he is released from prison, the Provincial Government may, by
license, permit him to be released on condition that he be placed under the supervision
or authority of a Government Officer, or a person professing the same
religion as the prisoner, or such secular institution or such society
belonging to the same religion as the prisoner, as may be recognised by the
Provincial Government for this purpose, provided such other person,
institution or society is willing to take charge of him:
|
Power of Government to
release by license on condition imposed by it.
|
Provided that a male adolescent prisoner shall not, and a female adolescent prisoner
shall be placed under the supervision or authority of the parents or near
relatives which terms shall mean brother, sister, paternal and maternal uncles
and aunts and their sons and daughters, brother's wife, sister's husband and
brother's and sister's children:
Provided
further that the term near relative in connection with a female adolescent
prisoner shall also include her husband and in the case of a male adolescent
prisoner, his wife and his wife's parents, brothers, brother's wife, sister,
sister's husband and brother's and sister's children.
Explanation I. —The expression "sentence of imprisonment" in this
section shall include imprisonment in fine and imprisonment for failure to
furnish security under Chapter VIII, of the Code of Criminal Procedure,
1898.
Explanation
II.—"Adolescent prisoner" means a prisoner under the age of 25
years and confined in the Adolescent Training Centre of a Prison in the [Khyber
Pakhtunkhwa] or in the case of a woman adolescent prisoner confined in a jail in
the [Khyber
Pakhtunkhwa].
|
3. 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
of warrant authorising his imprisonment have been discharged from
prison had he not been released on license, or until the license is revoked
whichever is earlier.
|
Period for which
license is to be in force.
|
|
4.
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 part of
the period of imprisonment to which he was sentenced, for the purpose of
computing the period of his sentence and for the purpose of computing
the amount of remission of sentence which might be awarded to him under any
rules in force relating to such remission.
|
Period of release to
be reckoned as imprisonment for
computing period of sentence served.
|
|
5.
A license granted under the provisions of Section 2 shall be in such form and
shall contain such conditions as the Provincial Government may, by
general or special order or by rules made in this behalf, direct.
|
Form of license.
|
|
6.
(1) The Provincial Government may, at any time for reasons to be recorded in
writing, revoke a license granted under the provisions of Section 2:
Provided
that no license shall be revoked on the ground of the breach of a condition of
the license without giving an opportunity to the person concerned to
represent his case before the [District
Coordination Officer] 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
specify the date with effect from which the license shall ceased to be in
force, and shall be served, in such manner as the Provincial Government may
by rule prescribe, upon the person whose license has been revoked.
|
Power to revoke
license.
|
|
7.
(1) If any person escapes from the supervision or authority of a Government
Officer or secular institution or a 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, 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 also be punishable with imprisonment for
a further term which may extend to two years or with fine not exceeding two
hundred rupees, or with both.
(2) An
offence punishable under sub-section (1) shall be deemed to be cognizable
offence within the meaning of clause (f) of sub-section (1) of Section 4 of
the Code of Criminal Procedure, 1898.
|
Released abaconcs who
escape from supervision to be punishable.
|
|
8.
(1) The Provincial Government may remit the whole or a part of the
sentence of an adolescent person sentenced to imprisonment for an offence
under any Act, if such person entering into a bond, with one or more
sureties, in such amount and for such period as the Provincial
Government may direct, to be of good behaviour and to observe such conditions
as to residence or otherwise as the Provincial Government may impose.
|
Power of Government to
remit sentence.
|
(2) The provisions of Sections 126, 126-A, 514, 514-A, 514-B and 515 of the
Code of Criminal Procedure, 1898, shall so far as they may be applicable, apply
in the case of sureties 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 Provincial 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 Provincial
Government may direct.
(3) If any
person released under sub-section (1) fails to observe the conditions of his
bond the Provincial Government may direct that he be re-arrested and sent to
prison to serve the whole or such part of his un-expired 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.
|
9.
The Provincial Government may
make rules consistent with this Act—
|
Power to make rules.
|
(1) for
the form and conditions of licenses on which prisoners may be released, (2) for
the appointment of a 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 persons may be
kept, (4) for
defining 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 license shall
be served on the person whose license is revoked, and, (6) generally
for carrying into effect all the purposes of this Act.
|
10.
All licenses granted, sentences remitted
and orders passed under the [Khyber
Pakhtunkhwa] (Adolsetent) Prisoner's Release on Probation Act, 1940
(Governor's Act No. II of 1940) on and from the twenty-third day of May,
1945, on which date the said Act expired upto the enactment, of this Act
shall be deemed to be as valid as if the said Act had not expired,
|
Validation of licenses
granted sentences, remitted, an acts done.
|
|
