UP Prisoners Release on Probation Act 1938

1. (1) This Act may be called the United Provinces Prisoners Release on Probation Act, 1938. (2) It extends1 to the whole of 2[Uttar Pradesh]. (3) It shall come into force such date3 as the 4[State Government] may by notification appoint in this behalf.

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 1[State Government] from his antecedents and his conduct in the prison that he is likely to abstain from crime and lead a peaceable life, if he is released from prison, the 1[State Government] may by licence permit him to be released on condition that he be placed under the supervision or authority of a Government Officer or of 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 recognized by the 1[State Government] for this purpose, provided such other person, institution or society is 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.

3. A licence 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 authorizing his imprisonment, have been discharged from prison had he not been released on licence, or until the licence is revoked, whichever is earlier.

4. The period during which a person is absent from prison under the provisions of this Act on a licence 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 sentence which might be awarded to him under any rule in force relating to such remissions.

5. A licence granted under the provisions of section 2 shall be in such form and shall contain such conditions as the 1[State Government] may by general or special order or by rules made in this behalf, direct.

6. (1) The 1[State Government] may at any time for reasons to be recorded in writing revoke a licence granted under the provisions of section 2 : Provided that no licence shall be revoked on the ground of the breach of a condition of the licence 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 subsection (1) shall specifiy the date with effect from which the licence shall cease to be in force, and shall be served, in such manner as the 1[State Government] may, by rule prescribe, upon the person whose licence has been revoked.

7. (1) If any person escapes from the supervision or authority of a Government officer 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 licence 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 a magistrate be liable to serve the unexpired portion of his original sentence and shall also be punishable with imprisonment for a further term which may extend, to two years or with fine not exceeding rupees two hundred or with both. (2) An offence punishable under sub-section (1) shall be deemed to be a cognizable offence within the meaning of clause (f) of subsection (1) of section 4 of the code of Criminal Procedure, 1898.

9. The 1[State Government] may make rules consistent with this Act- (1) for the form and conditions of licences on which prisoners may be released ; (2) for the appointment of 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 prisoners may be kept ; (4) for defining the 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 licence shall be served on the person whose licence is revoked; (6) generally for carrying into effect all the purposes of this Act.