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THE GOOD CONDUCT PRISONERS'
PROBATIONAL RELEASE ACT, 1926.
(Punjab Act No. X of 1926)
CONTENTS
PREAMBLE
SECTIONS
1. Short title, extent and
commencement.
2. Power of Government to release
by license on conditions imposed by it.
3. Period for which license is to
be in force.
4. Period of release to be
reckoned as imprisonments 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 to make rules.
THE
GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE ACT, 1926
(Punjab Act No. X of 1926).
[27th August, 1926].
An Act to provide for the release of good conduct prisoners on conditions
imposed by the [Provincial
Government].
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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 ;
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Preamble.
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It is hereby enacted as follows:—
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1. (1)
This Act may be-called the Good Conduct Prisoner's
Probational Release Act, 1926.
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Short title, extent
and commencement.
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(2)
It extends to the whole of the Province of the [Khyber
Pakhtunkhwa] except (Tribal
Areas].
(3) It shall come into force on
such date as the [Provincial
Government] may by notification appoint in this behalf.
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2. Notwithstanding
anything contained in section 401 of the Code of Criminal Procedure, 1898,
where a person is confined in prison under a sentence of imprisonment, and it
appears to the [Provincial
Government] from his antecedents or his conduct in the prison that be is
likely to abstain from crime and lead useful and industrious 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 [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.
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Power of Govere- ment
to release by licence on conditions imposed by it.
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[Provided
that a prisoner convicted and sentenced under any of the sections in Chapter XVI
of the Pakistan Penal Code (XLV of 1860) shall not be released on parole
without the consent of the victim or, the case may be, his heirs.]
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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.
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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 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.
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Period for which license
is to be in force.
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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 a 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 his sentence which might be awarded to him under any
rules in force relating to such remission.
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Period of release to
be reckoned as imprisonment for computing period of sentence served.
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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.
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Form of license.
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6. (1)
The [Provincial
Government] may at any time revoke a license granted under the provisions of
section 2.
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Power to revoke
license.
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(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 [Provincial
Government] may by rules prescribe, upon the person whose license has been
revoked.
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7. (1)
If any person escapes from the supervision or authority of a [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.
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Released abscon- dres
who escape from supervision to be punishable.
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(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.
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8. The
[Provincial
Government] may make rules consistent
with this Act—
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Power to make rules.
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(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.
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This
Act came into force on 1st May. 1927 vide Pb. Government (Jails)
Notification No. 13272. dated 27th April, 1927.
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For
rules, see Notification No. 13272, dated 27th April,
1927, Punjab Gazette 1927 part I, pp. 395-98.
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