(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.
2. 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].
3. 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.
4. 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.
5. 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.
6. 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.
7. 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].
8. 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
[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
[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
[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.
[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
[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.
[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
[19][19]For rules, see Notification No. 13272, dated 27th April, 1927 , Punjab Gazette 1927, Part I, pp. 395-98.
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