THE PROBATION OF OFFENDERS ORDINANCE, 1960
(XLV of 1960)[1]
[1st
November, 1960]
An
Ordinance
to
provide for the release on probation of offenders in certain cases.
Whereas it is expedient to provide for
the release on probation of offenders in certain cases and for matters
incidental thereto;
Now, therefore, in pursuance of the
Proclamation of the seventh day of October, 1958, and in exercise of all powers
enabling him in that behalf, the President is pleased to make and promulgate
the following Ordinance:—
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Probation of
Offenders Ordinance, 1960.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force on such date or dates as the
Central Government may, by notification in the official Gazette, appoint, and
different dates may be appointed for different areas.
2.
Definitions.—
In this Ordinance, unless there is anything repugnant in, the subject or
context:—
(b)
“Court” means a court empowered to exercise powers
under this Ordinance ;
(c)
“Officer-in-charge” means the head of the Probation
Department;
(d)
“probation officer” means a person appointed as such
under section 12;
(e)
“probation order” means an order made under section 5;
(f)
“Probation Department” means the department responsible
for the administration of this Ordinance;
(g)
all other words and expressions used but not defined in
this Ordinance and defined in the Code shall have the same meaning as assigned
to them in the Code.
3.
Courts
empowered under the Ordinance.— (1) The following courts shall be the
courts empowered to exercise powers under this Ordinance, namely:—
(a)
a High Court;
(b)
a Court of Sessions;
[3][(
c) & (d) xxxxxxx];
(d)
a Sub-Divisional Magistrate;
(e)
a Magistrate of the 1st Class; and
(f)
any other magistrate especially empowered in this behalf.
(2)
A Court may exercise powers under this Ordinance,
whether the case comes before it for original hearing or on appeal or in
revision.
(3)
Where any offender is convicted by a Magistrate not
empowered to exercise powers under this Ordinance, and such Magistrate is of
opinion that the powers conferred by section 4 or section 5 should be
exercised, he shall record his opinion to that effect and submit the
proceedings to a Magistrate of the 1st Class or a Sub-Divisional Magistrate
forwarding the offender to him, or taking bail for appearance before him, and
such Magistrate may thereupon pass such sentence or make such order as he might
have passed or made if the case had originally been heard by him, and, if he
thinks further inquiry or additional evidence on any point to be necessary, he
may make such inquiry or take such evidence himself or direct such inquiry or
evidence to be made or taken.
4.
Conditional
discharges, etc.— 1) Where a court by which a person, not proved to have
been previously convicted, is convicted of an offence punishable with
imprisonment for not more than two years is of opinion, having regard to:—
(a)
the age, character, antecedents or physical or mental
condition of the offender, and
(b)
the nature of the offence or any extenuating
circumstances attending the commission of the offence,
that it is
inexpedient to inflict punishment and that a probation order is not
appropriate, the court may, after recording its reasons in writing, make an
order discharging him after if admonition,, or, if the court thinks fit, it may
likewise make an order discharging him subject to the condition that he enters
into a bond, with or without sureties, for committing no offence and being of
good behaviour during such period not exceeding one year from the date of the order
as may be specified therein.
(2)
An order discharging a person subject to such condition
as aforesaid is hereafter in this Ordinance referred to as “an order for
conditional discharge”, and the period specified in any such order as “the
period of conditional discharge”.
(3)
Before making an order for conditional discharge, the
court shall explain to the offender in ordinary language that if he commits any
offence or does not remain of good behaviour during the period of conditional
discharge he will be liable to be sentenced for the original offence.
(4)
Where a person conditionally discharged under this
section is sentenced for the offence in respect of which the order for
conditional discharge was made, that order shall cease to have effect.
5.
Power of
court to make a probation order in certain cases.— (1) Where a court by
which—
(a)
any male person is convicted of an offence not being an
offence under Chapter VI or
Chapter VII of the Pakistan Penal
Code, or under sections 216A, 328, 382, 386, 387, 388, 389, 392, 393, 397, 398,
399, 401, 402, 455, or 458 of that Code, or an offence punishable with death or
transportation for life, or
(b)
any female person is convicted of any offence other
than an offence punishable with death, is of opinion that, having regard to the
circumstances including the nature of the offence and the character of the
offender, it is expedient to do so, the court may, for reasons to be recorded
in writing, instead of sentencing the person at once, make a probation order,
that is to say, an order requiring him or her to be under the supervision of a
probation officer for such period, not being less than one year or more than
three years, as may be specified in the order;
Provided that
the court shall not pass a probation order unless the offender enters into a
bond, with or without sureties, to commit no offence and to keep the peace and
be of good behaviour during the period of the bond and to appear and receive
sentence if called upon to do so during that period:
Provided further
that the court shall not pass a probation order under this section unless it is
satisfied that the offender or one of his sureties, if any, has a fixed place
of abode or a regular occupation within the local limits of its jurisdiction
and is likely to continue in such place of abode or such occupation, during the
period of the bond.
(2)
While making a probation order, the court may also
direct that the bond shall contain such conditions as in the opinion of the
court may be necessary for securing supervision of the offender by the probation
officer and also such additional conditions with respect to residence,
environment, abstention from intoxicants and any other matter which the court
may, having regard to the particular circumstances of the case, consider
necessary for preventing a repetition of the same offence or a commission of
other offences by the offender and for rehabilitating him as an honest,
industrious and law-abiding citizen.
(3)
When an offender is sentenced for the offence in
respect of which a probation order was made, that probation order shall cease
to have effect.
6.
Order for
payment of costs and compensation.— (1)
A court directing the discharge of an offender under section 4 or making a
probation order under section 5 may order the offender to pay such compensation
or damages for loss or injury caused to any person by the offence and such
costs of the proceedings as the court thinks reasonable :
Provided that
the amount of compensation, damages and costs so awarded shall in no case
exceed the amount of fine which the court might have imposed in respect of the
offence.
(2)
At the time of awarding compensation or damages in any
subsequent civil suit or proceeding relating to the same offence, the court
hearing such suit or proceeding shall take into account any sum paid or recovered
as compensation, damages or costs under sub-section (1).
(3)
The amount ordered to be paid under sub-section (1) may
be recovered as fine in accordance with the provisions of section 386 and 387
of the Code.
7.
Failure to
observe conditions of the bond.— (1) If the court by which an offender is
bound by a bond under section 5 has reason to believe that the offender has
failed to observe any of the conditions of his bond, it may issue a warrant for
his arrest or may, if it thinks fit, issue summons to the offender and his
sureties, if any, requiring them to appear before it at such time as may be
specified in the summons.
(2)
The court before which an offender is brought or
appears under sub-section (1) may either remand him to judicial custody until
the case is heard or admit him to bail, with or without sureties, to appear on
the date of hearing.
(3)
If the court, after hearing the case, is satisfied that
the offender his failed to observe any of the conditions of his bond, including
any conditions which may have been imposed under sub-section (2) of section 5,
it may forthwith—
(a)
sentence him for the original offence, or
(b)
without prejudice to the continuance in force of the
bond, impose upon him a fine not exceeding one thousand rupees:
Provided that
the court imposing the fine shall take into account the amount of compensation,
damages or costs ordered to be paid under section 6.
(4)
If a fine imposed under clause (b) of sub-section (3)
is not paid within such period as the court may fix, the court may sentence the
offender for the original offence.
8.
Powers of
court in appeal and revision.— Where
an appeal or application for revision is made against conviction of an offence
for which an order is made under section 4 or section 5 discharging the
offender absolutely or conditionally or placing him on probation the appellate
court or the court sitting in revision may pass such order as it could have
passed under the Code, or may set aside or amend the order made under section 4
or section 5 and in lieu thereof pass sentence authorized by law:
Provided that
the appellate court or the court sitting in revision shall not impose a greater
punishment than the punishment which might have been imposed by the court by
which the offender was convicted.
9.
Provisions
of the code to apply to sureties and bond.—
The provisions of sections 122, 406A, 514, 514A, 514B and 515 of the
Code shall, so far as may be, apply in the case of sureties and bonds taken
under this Ordinance.
10.
Variation of
conditions of probation.— (1) The court by which a probation order is made
under section 5 may at any time, on the application of the person under
probation or of the probation officer or of its own motion, if it thinks it
expedient to vary the bond taken under that section, summon the person under
probation to appear before it, and, after giving him a reasonable opportunity
of showing cause why the bond should not be varied, vary the bond by extending
or reducing the duration thereof or by altering any other of its terms and
conditions or by inserting additional conditions therein:
Provided that in
no case shall the duration of the bond be less than one year or more than three
years from the date of the original order:
Provided further
that where the bond is with surety or sureties, no variation shall be made in the
bond without the consent of the surety or sureties; and if the surety or
sureties do not consent to the variation, the court shall require the person
under probation to execute a fresh bond, with or without sureties.
(2)
Any such court as aforesaid may, on the application of
any person under probation or of the probation officer or of its own motion, if
satisfied that the conduct of the person under probation has been satisfactory
as to render it unnecessary to keep him under supervision, discharge the probation
order and the bond.
11.
Effects of
discharge and probation.— 1) A conviction of an offence, for which an order
is made under section 4 or section 5 for discharging the offender after the due
admonition or conditionally or placing him on probation, shall be deemed not to
be a conviction for any purpose other than the purposes of the proceedings in
which the order is made and of any subsequent proceedings which may be taken
against the offender under the provisions of this Ordinance :
Provided that
where an offender, being not less than eighteen years of age at the time of his
conviction of an offence for which an order discharging him conditionally or
placing him on probation is made, is subsequently sentenced under this
Ordinance for that offence, the provisions of this sub-section shall cease to
apply to the conviction.
(2)
Without prejudice to the foregoing provisions of this
section, the conviction of an offender who is discharged after due admonition
or conditionally, or who is placed on probation, shall in any event be
disregarded for the purposes of any law which imposes any disqualification or
disability upon convicted persons, or authorizes or requires the imposition of
any such disqualification or disability.
(3)
The foregoing provisions of this section shall not
affect—
(a) any right of
any such offender to appeal against his conviction, or to rely thereon in bar
of any subsequent proceedings for the same offence (6) the revisiting or
restoration of any property in consequence of the conviction of any such offender.
12.
Appointment
of probation officers.— (1) A probation officer referred to in a probation
order may be any person appointed to be probation officer by the
Officer-in-charge.
(2)
A probation officer referred to in sub-section (1)
shall be a person who shall possess such qualifications as may be prescribed by
rules made in this behalf under this Ordinance.
(3)
A probation officer, in the exercise of his duties
under any probation order, shall be subject to the control of the
Officer-in-charge.
13.
Duties of a
probation officer.— A probation
officer shall, subject to the rules made under this Ordinance,—
(a)
visit or receive visits from the offender at such
reasonable intervals as may be specified in the probation order or, subject
thereto, as the Officer-in-charge may think fit;
(b)
see that the offender observes the conditions of the
bond executed under section 5 ;
(c)
report to the Officer-in-charge as to the behaviour of
the offender ;
(d)
Advise, assist and befriend the offender, and when
necessary endeavour to find him suitable employment ; and
(e)
perform any other duty which may be prescribed by the
rules made under this Ordinance.
14.
Power to
make rules.— (1) The [4][Provincial
Government] may, by notification in the official Gazette, make rules for the
purpose of carrying into effect the provisions of this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing provision, the Provincial Government, may make rules—
(a)
regulating the appointment, resignation and removal of
probation officers and
prescribing the qualification of
such officers ;
(b)
prescribing and regulating the duties of probation
officers; and (c) regulating the
remuneration payable to probation officers.
15.
Delegation of powers to Provincial Government.
Omitted by A. 0; 1964, Art., 2 and Sch.
16.
Repeal of
sections 380 and 562-564 of the code.— Sections 380, 562, 563 and 564 of
the Code are hereby repealed.
17.
Provisions
of this Ordinance to be in addition to and not in derogation of certain
laws.— The provisions of this
Ordinance shall be in addition to and not in derogation of the Reformatory
Schools Act, 1897, the Bengal Children Act, 1922, the Punjab Borstal Act, 1926,
the Bengal Borstal Schools Act, 1928, the [5][Punjab
Children Act, 1983 (pb. Ord. XXII of 1983)] , and the [6][
Punjab Youthful Offenders Act, pb. Ord. XXII of 1983], and the Sindh Children
Act, 1955.
[1]
The ordinance has been amended in its application to the province of East
Pakistan by East Pakistan Act No, 10 of 1964, S.2 with effect from. 1st
April, 1964. See Dacca 1964, PT. I.P. 435.
[2] Act v of 1898.
[3]
Clause (C) & (D) omitted by the probation of offenders (Amdt.) Ordinance
2002.
[4]
Subs. by A.O, 1964 Art, 2 and sch. For “Central Government”
[5]
Words “Punjab Children Act 1952” substituted by probation of offenders (amdt).
Ordinance 2002.
[6]
Words comma and figures “Punjab Youthful Offenders Act, 1952” substituted by
probation of offender (amdt) ordinance. 2002.
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