NORTH-WEST FRONTIER PROVINCE (ADOLESCENT) PRISONER'S RELEASE ON PROBATION ACT, 1948

THE NORTH-WEST FRONTIER PROVINCE (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 North-West Frontier 1[Province] (Adolescent) Prisoner's Release on Probation Act, 1948.	Short title, extent and commencement.

            (2)    It extends to the whole of the  2[Norttt-West Frontier] 1[Province]
            (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.

1.    The word "Province" inserted of N. W, F. P. A, L. O. 1975, which was earlier omitted by W. P. t. A. O.,  1964,'

2.    Now to be construed as referring to the districts of Bannu, D.I. Khan, Ha2ara, Kohat, Mardan and Peshawar see W. P. Act XVI of 1957 s. 3(1) and Sch.-I.

            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'? 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 v 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 1[North-West Frontier] 2[Province] or in the case of a woman adolescent prisoner confined in a jail 3[in the North-West Frontier].

Period for which license is to be in force.

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 of release to be reckoned for computing. Period sentence served.

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.

1.    Now to be construed as referring to the Districts of Bannu, D.I. Khan, Hazara, Kohat, Mardan and Peshawar, see W. P. Act 1957 s. 3 (1) and Sch.-I.

2.    The word "Province" inserted by N.W.F.P. A.L. O.  1975 which was earlier omitted by W.P.L.A.O. 1964.

3.    Subs. for the words "of the North-West Frontier Province." by W. P. A. L. O. 1964.

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 of 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 Magistrate 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, V of 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, in 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 maybe 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.

Power to make rules.

9.         The Provincial Government may  make  rules  consistent with this Act—

                       (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 North-West  Frontier  Province (Adolsetent)  Prisoner's Release en Probation Act, 1940 (Governor's Act 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.