RELEASE ON PROBATION_Form-A

JAIL MANUAL 2022

Release on Probation

RULE 231 Release on probation

Certain convicts are eligible for release on probation under the U.P. Prisoners’ Release on Probation Act, 1938 (U.P. Act VIII of 1938), under the following two sections of the said Act -

(i)  under section 2, when the convict agrees to pass the remainder of his sentence under the supervision of a guardian;

(ii) under section 8 when the convict enters into a bond with one or more sureties for his good behaviour for the observance of such conditions as the State Government may impose.

The rules made under the above Act which contain all the necessary directions in respect of such releases are annexed in Appendix-III.

RULE 232 Applications under section 8

Action under section 8 of the aforesaid Act of 1938 is generally taken only in cases in which the sentences do not exceed one year, and the offence is not of a serious nature. In cases in which the sentence does not exceed one year and the offence is not of a serious nature, it is essential that the applications should be forwarded as early as possible. No form is prescribed for such applications. It may be submitted to the District Magistrate of the district of conviction. The District Magistrate shall satisfy himself that the application contains all the necessary particulars. He shall make such inquiries as he considers necessary within as short a time as possible. Particulars in regard to the convict’s age and conduct shall be obtained by the District Magistrate from the Superintendent directly. The District Magistrate shall forward the applications with his recommendations to the Director General of prison.

RULE 233 Register of releases on probation

The names of convicts eligible for release on probation shall be entered in a register of releases on probation and appropriate entries made in the columns provided therein.

RULE 234 Final date when no good conduct remissions are admissible

In the case of a convict eligible for release on probation, who is not entitled to good conduct remissions, the final date of submission of the case shall be the date of expiry of one-third of the total term of imprisonment and shall be entered under the month in which such date falls and no trial date need be recorded.

RULE 235 Trial date when good conduct remissions are admissible

For a convict who is entitled to the benefits of the remission system, a trial date shall be fixed in the first instance according to the instructions given below:

(a)   if he is a prisoner sentenced to life to whom section 433-A of the Code of Criminal Procedure, 1973 applies when he has served imprisonment for a total actual period of fourteen years;

(b)  if he is a Prisoner sentenced for life and to whom section 433-A of the Code of Criminal Procedure,1973 dose not apply when he has served imprisonment for a total period of fourteen years with remission; and

(c)   in any other case if he has served one-third of sentence, without remission, as the period of imprisonment.

RULE 236 Fixing of final date

When the trial date arrives, the remission card of the convict shall be carefully examined and the final date for the submission of the case shall be fixed on the basis of the remissions earned and the remissions which the convict is expected to earn according to the information available at that time. The final date shall be the date on which the period of imprisonment actually undergone plus the remissions earned up to the last day of the preceding calendar month is equal to a period specified in rule 235.

RULE 237 List of cases due for submission

A list of all cases due for submission in a certain calendar month shall be drawn up three months before that month. Extracts from this list shall be sent to the Secretary of the Committee recognized by the Government for rehabilitation and welfare of the released prisoners, in the district of their residence of the convict with full details as to the names and addresses of the relatives of the convict, so as to reach him at least six weeks before the final date of submission of the case of each convict. The convicts shall also be informed of their date of eligibility to apply for release on probation and the purport of the rules should be explained to them on parade as soon as the list has been completed.

RULE 238 Facilities to convicts

Special facilities shall be afforded to convicts in respect of letters to enable them to communicate with their relatives or friends with a view to arrange for their guardians as required by the Probation Rules Special interviews with relatives or proposed guardians may also be allowed for the same purpose at the discretion of the Superintendent.

Any prisoner eligible for release under rule 4 of the probation rules may apply to the Superintendent in the prescribed form one month before the date of such eligibility.

RULE 239 Convicts serving sentences in more than one case

When a convict is convicted of several offences, some of which render him ineligible for release on probation while other entitle him to such release and the sentence for the former offences is less than the sentence for the latter, his case shall be put up on the expiry of the sentence for the former offences or as soon thereafter as he has served the requisite portion of his sentence for the latter offences which entitles him to such release. In such cases necessary particulars regarding the commencement and the expiry of the periods of sentences awarded for these two classes of offences shall invariably be noted on the form of application.

RULE 240 Form A

Form A appended to the Probation Rule shall be carefully prepared and all particulars shall be legibly written. The names and addresses of convicts and guardians shall be complete, police reports shall not be written on the Form but may be written on separate paper, and attached to the Form, if necessary.

RULE 241 Forms to be stored

A sufficient stock of these forms shall be kept in every jail for supply free of charge to convicts, their relatives or persons offering themselves as their guardians.

RULE 242 Applications from convicts due for early release

The Superintendent and the District Magistrate should not accept applications from convicts whose normal dates of release fall due within three months from the date of their application, as by the time the orders are passed by the State Government the convicts are likely to have been released from jail.

RULE 243 Reasons for unsuitability of guardian

The District Magistrate shall, in brief, give reasons when he considers a particular guardian to be unsuitable.

RULE 244 Meetings of the board

(A) The meetings of the board referred to in rule 6(5) of the Probation Rules shall ordinarily be held in every quarter of the year.

(B) All applications received by the Director General (Prisons) from the districts shall be considered by a board consisting of :-

1. Director General (Prisons) --- Chairman

2. Special Secretary to Government of Uttar Pradesh, Home Department, nominated by the Home Secretary --- Member

3. Special Secretary to Government of Uttar Pradesh, Judicial Department, nominated by the Secretary Judicial Department --- Member

4. Chief Probation Officer, Uttar Pradesh --- Member

5. Addl. Inspector General (Prisons) --- Secretary

NOTE:

Three members shall form the quorum of a meeting of the board.

(C)   Cases of convicts who are ineligible for release under the rule shall be returned by the Secretary without being placed before the board.

(D)  Any delays in the receipt of applications should be brought to the notice of the concerned authorities by the Secretary.

(E)  The Secretary shall forward the proceedings of the board to the State Government within a week of the above mentioned meeting.

RULE 245 Release after expiry of certain period

When the State Government directs that a convict shall be released on license after the expiry of a certain period, the Superintendent shall resubmit shortly, before the expiry of that period, the original application in Form A on which the orders of Government were endorsed, when asking for the issue of the license in Form D. When the release is postponed by the board for a fixed period or when the case is recommended for release on license after a fixed period, that period shall count from the date on which the meeting of the board was held.

RULE 246 Transfer of convicts for release

The transfer of convicts to districts of their residence for the purpose of release under the Probation Rules, when necessary, does not require the sanction of the Director General of (Prisons).

RULE 247 Cases of convicts released on license not within the purview of revising boards

The cases of the convicts who have been released on license shall not be placed before the Revising Board.

RULE 248 Guardians

The Superintendent shall satisfy himself about the identity of the guardian before he delivers the convict to his charge.

When the guardian is not a Probation Officer or a person well known to the authorities of the jail, the District Magistrate may issue a letter of authority to the prospective guardian in order that there may be no difficulty in the handing over of the convict to his rightful guardian.