These rues may be called the Uttar Pradesh Prisoners’ Release on Probation Rules, 1938.
In these rules, unless there is anything repugnant in the subject or contexts –
(1) “The Act” means the Uttar Pradesh Prisoners’ Release on Probation Act, 1938;
(2) “Guardian” means a Government officer or a person professing the same religion as the prisoner or a secular institution or a society belonging to the religion as the prisoner under whose supervision or authority the prisoner released under Section 2 of the Act is place by the State Government. A Probation Officer appointed by the Uttar Pradesh Discharged Prisoners’ Aid Society is entitled, on behalf of that institution, to act as the guardian of a prisoner; and
(3) “Superintendent” means the Superintendent of a prison in which a convict to be released under the Act is confined.
The following cases of prisoners shall not be released under the Act:
(a)1 Those convicted of offences under the following chapters or Sections of the Indian Penal Code:
Chapter V-A, VI and VII
Section 216A, 224 and 225 ( if it is a case of escape from jail), 231, 232, 303, 311, 328, 364, 376, 382, 386 to 389, 392 to 402,413, 459, 460, 589 A and Section 511 read with any of the aforesaid section;
[ 1 – उप्र राज्य प्रति साधु शरण शुक्ला 1994(एसीoसीo 553) में माननीय उच्चतम न्यायालय ने प्रतिबन्ध को असम्वैधानिक कहा है|
शासनादेश संख्या 6262/22-2-96-1212(130)/82, HOME JAIL-2 लखनऊ, दिनांक 13.01.1997 द्वारा धारा 3(a)को समाप्त किया गया। ]
(b) Those convicted under Section 7 and 8 of the Act or whose license has been previously revoked on account of the breach of the condition of the licence;
(c) Those whose application for release other than an application under Section 8 of the Act, were on a previous occasion rejected by the State Government.
[Explanation – The rule in clause (c) precludes a convict from himself applying, a second time for release under Section 2 of the Act, but the State Government may direct the Inspector General of Prison to place any case which has directly been once rejected for reconsideration before the Board referred to in sub rule (5) of Rule 6.
Prisoners sentenced to imprisonment for a period of one year or less under any section of the Indian Panel Code or any other Act may be released on probation under Section 8 of the Act.
Any prisoner other than a prisoner specified in Rule 3, may be eligible for consideration by the State Government for release under licence –
(i) if he is a prisoner to whom Section 433-A of the Code of Criminal Procedure 1973 applies and has served imprisonment for a total period of fourteen years.
(ii) if he is a prisoner sentenced to imprisonment for life to whom Section 433-A of the Code of Criminal Procedure, 1973 does not apply and has served imprisonment for a total period of fourteen years with remission, and
(ii) in any other case if he has served one-third without remission of the period of imprisonment to which he was sentence.
For the purpose of these rules the following principles shall be observed in computing the sentence of imprisonment, namely:
(a) When a prisoner has been sentenced to several terms of imprisonment for several offences and the sentences of imprisonment have been ordered to run concurrently, then the longest single sentence which the prisoner is undergoing shall be deemed to be term of imprisonment;
(b) When a prisoner has been sentences to several terms of imprisonment for several offences and the sentences of imprisonment have been ordered to run consecutively, the total period which the prisoner has to undergo shall be deemed to be the terms of imprisonment;
(c) Remission already earned by the prisoner shall be counted as imprisonment served by him; and
(d) Life sentence shall be reckoned as sentence of imprisonment for twenty years.
[Explanation – The expression “sentence of imprisonment” in these rules shall include imprisonment in default of the payment of fine and imprisonment for failure to furnish security under Chapter VII of the Code of Criminal Procedure.]
(1) Any prisoner eligible for release under Section 2 of the Act may make an application in FORM – A to the Superintendent. Such form shall be printed at the cost of the Government and supplied free of cost to prisoners, to their relatives and to persons offering themselves as their guardians.
(2) On the receipt of the application the Superintendent shall examine the application to see if the prisoner and his proposed guardian have duly filled in the columns of the application meant to be filled by them. If the application is in order, the Superintendent shall entertain it and cause it to be entered in a register maintained in FORM – B. If the prisoner is ineligible under rule 3, he shall reject the application and inform the prisoner of his order. If the prisoner is eligible for release under Rule 4, he shall fill in the columns in the application meant to be filled in by him and forward the same as soon as may be, to the District Magistrate of the district in which the prisoner was convicted. If the application is not in order, the Superintendent shall return it to the prisoner for necessary correction or supplying the omissions.
(3) In case where there is Probation Officer, the Superintendent of the Jail shall forward the application to the Probation Officer, sending a copy thereof to that Superintendent of Police who shall send his report to the Probation Officer. The Probation Officer shall make his independent inquiry and then submit his report direct to the District Magistrate in the following form after incorporating therein the report of the Superintendent of Police:
Immediately on receipt of an application under sub-rule (2) and this rule, the District Magistrate shall move the courts concerned for supplying him with the certified copies of the relevant judgments in the case, free of cast, and shall, if necessary, simultaneously consult through the Superintendent of Police concerned, if the District Magistrate of the district in which the prisoner ordinarily reside. On receipt of the copies of the judgments and the report of the District Magistrate of the district of residence of prisoner, he shall attach the copies of the judgments to the application, fill in the entries therein meant to be filled by him, and shall without delay, forward the same to the Inspector General of Prisons.
(3-A) On receipt of an intimation about the death of his guardian along with the proposal for appointment of another guardian from a licensee, the District Magistrate of the district in which the licensee resides, shall refer the case to State Government for appointment of a fresh guardian in place of the deceased one alongwith his opinion about the suitability of the proposed guardian. In case the licensee does not send his proposal for appointment of another guardian, the District Magistrate shall require the licensee to do so before making a reference to Government. If no guardian in place of the deceased one is proposed within fifteen days of the receipt of the District Magistrate’s order by licensee, the case would be reported by the District Magistrate to Government for orders.
(4) The District Magistrate shall maintain a register in FORM-C in which all applications received from the Superintendent, under sub rule (2) shall duly entered.
(5) The application received from the district by the Inspector General of Prisons shall be considered by a Board consisting of the Home Secretary to the Uttar Pradesh Government or any other officer empowered in this behalf by the State Government, the Inspector General of Prisons or the Deputy Inspector General of Prisons, as the case may be, and a Deputy Minister or Parliamentary Secretary nominated by the State Government. The Deputy Minister or the Parliamentary Secretary or in his absence, the Home Secretary or the officer empowered by the State Government, as above, shall be the Chairman of the Board. Meeting of the Board shall be held at least once every month to make necessary recommendations.
(6) The State Government shall on the receipt of recommendations of the Board pass such orders as it may deem proper.
(7) The State Government shall on the receipt of the report of District Magistrate regarding appointment of a fresh guardian of a licensee in place of the deceased one, pass such orders as it may deem proper.
A prisoner whose release on license is sanctioned by the State Government shall be granted a license in FORM-D. Three copies of such a license shall be prepared for each prisoner. One shall be retained by the Government, another shall be sent to the Superintendent for delivery to the guardian of the prisoner and the third shall be forwarded to the District Magistrate for information.
As soon as the Superintendent receives the orders of the Government, he shall communicate the same to the prisoner and the District Magistrate concerned and in the case of an order of release shall, through District Magistrate, inform the guardian also of the order and call upon him to present himself to take the charge of the prisoner. On the guardian present himself, the Superintendent shall deliver to him the copy of the license received from the State Government, hand over to him the prisoner and take his signature in the register (FORM-B) in token of his having taken charge of the prisoner.
(a) It shall be the duty of the guardian to see that the conditions of the license are fulfilled. He shall look after the conduct and welfare of the licensee and generally act in loco parentis. If the licensee’s conduct is found to be bad, it shall be the duty of the guardian to report the fact to the District Magistrate.
(b) In dealing with the license the guardian, when he is a Probation Officer appointed by the Uttar Pradesh Aparadh Nirodhak Samiti, will be governed by any rules framed by the Society for guidance of Probation Officers, with the approval of the State Government.
(1) – The District Magistrate, on receiving information from the guardian or any other source, of the breach by the licensee of the conditions of the license, shall cause a notice to be served on the licensee to show cause why his license should not be revoked. If the licensee presents himself in response to the notice, then, after hearing him personally and, if he does not present himself, then without hearing him, the District Magistrate shall consider whether or not to recommend to the State Government for the revocation of the prisoner’s license and shall act accordingly. While madding his recommendation to Government for revocation of the license, the District Magistrate shall State the condition or conditions which, in his opinion, have been breached by the licensee and how they have been breached.
(2) – In case the District Magistrate decides to recommend the revocation of the license, he may, at the same time if he considers that the licensee is unfit to be allowed to remain at large under the license, order his arrest and detention in the prison pending the receipt of the orders of the State Government.
(3) – The State Government shall on receipt of the District Magistrate’s recommendation pass such orders as it may deem proper.
(4) – An order of revocation of license shall be in FORM-E and shall be served upon the licensee if detained in prison by the Superintendent of the Prison, and if not detained in prison by the officer in charge of police station.
(5) – The order of revocation shall be noted on the license and in the registers maintained by the District Magistrate and the Superintendent.
(6) – If a prisoner released on license under the Act escapes from the supervision or authority of a guardian or fails to return to prison on revocation of his license, the guardian shall immediately inform the District Magistrate and the Superintendent and report the nearest police station, and action shall be taken against the prisoner as in a cognizable case.
On the release of a prisoner under the Act, the Superintendent shall retain the warrant under which the prisoner was committed to prison by the court which sentenced him until the period of his sentence with remissions, if any, earned by him during the period of his confinement in jail, has expired. The period during which a prisoner 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. When the convict released on license has finished the sentence, the Superintendent shall return the warrant or warrant to the court which issued it by them.
On the expiry of the period of license otherwise than by revocation, the guardian shall forthwith inform the licensee that he is absolved from the observation of conditions of the license, shall make a note to that effect on the license and shall return it to the Superintendent.
When a prisoner released on license under the Act happens to be a police registered convict, the Superintendent of the prison shall inform the Superintendent of Police of the district of which such convict is a resident of his release on license together with the name and address of the guardian and shall, at the same time, inform him of the date on which the final release of the license is likely to be taken place. On the final release of the prisoner the police register slip shall be forwarded to the Superintendent of Police.
(1) In each case the District Magistrate shall determine whether or not the proposed guardian is fit to act as such having regard to his status, antecedents and the degree of control that he may exercise on the prisoner and inform the State Government of his opinion.
(2) Parents or relatives of a prisoner may be appointed guardians if the District Magistrate is satisfied that they are fit to act as such guardians.
(3) An officer of a prison shall in no case be eligible to act as guardian, unless the Inspector General of Prisons sanctions it.
(1) An application for remission of sentence under section 8 of the Act shall be made by the prisoner or by the person offering himself as his surety to the District Magistrate of the district in which he was convicted or where he was convicted in more than one district then to the District Magistrate of any such district.
(2) The District Magistrate shall, on a consideration of eh antecedents of the prisoner, his conduct in jail and his environments and after consulting Probation Officer where one is appointed and such other authorities as he may think proper, within one month of the receipt of the application forwarded it to abstain from crime and lead a peaceable life if released from prison.
(3) The State Government may, on receipt of such application release the prisoner on his entering into a bond with one or more sureties for such amount and for such period as the State Government may direct, to be of good behavior and to observe such conditions as the State Government may impose.
(4) If any prisoner released under sub section (1) of section 8 of the Act fails to observe the conditions of the bond, the District Magistrate or the Sub-Divisional Magistrate, if authorized by the District Magistrate may take proceedings under section 514 of the Code of Criminal Procedure and report to the State Government for the cancellation of the order remitting the sentence passed under sub-section (1) of section 8 of the Act, and the State Government may pass such orders in accordance with sub-section (3) of the section 8 as it may deem fit.
(U.P. Act No. VIII of 1938)
[Received the assent of the Governor on September 14, 1938, and was Published under section 75 of the Government of India Act, 1935, on September 24, 1938.]
An ACT
to provide for the release of certain prisoners on conditions imposed by the State Government
Whereas it is expedient to provide for the conditional release from prison of prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced : it is hereby enacted as follows:
(1) This Act may be called the United Provinces Prisoners’ Release on Probation Act, 1938.
(2) It extends to the whole of the Uttar Pradesh.
(3) It Shall come into force on such date15-01-1938 as the State Government may by notification appoint in this behalf.
Notwithstanding anything contained in section 401 of the Code of Criminal Procedure, 1898 (Act V of 1898)Now section 432 of CrPC,1973, where a person is confined in prison under a sentence of imprisonment and it appears to the 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 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 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 (Act V of 1898)Now CrPC,1973.
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.
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 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 remissions.
A licence granted under the provisions of section 2 shall be in such form and shall contain such conditions as the State Government may by general or special order or by rules made in this behalf, direct.
(1) The 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 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 licence shall cease to be in force, and shall be served, in such manner as the State Government may by rule prescribe, upon the person whose licence has been revoked.
(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 congnizable offence within the meaning of clause (f) of sub-section (1) of section 4Now section 2 of CrPC,197 of the Code of Criminal Procedure, 1898 (Act V of 1898)Now CrPC,1973.
(1) The State Government may remit the whole or a pat of the sentence of a person sentenced to imprisonment for an offence under any Act, on such person entering into a bond, with one or more sureties, in such amount and for such period as the State Government may, direct, to be of good behaviors and to observe such conditions as to residence or otherwise as the State Government may impose.
(2) The provisions of sections 126, 126-A, 514, 514-A, 514-B and 515 of the Code and Criminal Procedure, 1898 (Act V of 1898),Now section 123,124,446,447,448 and 449 of CrPC,197 shall, so far as they may be, 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-A2 of the said Code to furnish fresh security, fails to furnish the same, the State 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 State Government may direct.
(3) If any person released under sub-section (1) fails to observe the conditions of his bond, the State Government may direct that he be re-arrested and sent to prison to serve the whole or such part of his unexpired sentence as it may direct, in addition to any proceeding that may be taken against him or his surety or sureties in respect of such bond under the said code.
The State Government may make rules consistent with this Act –
for the form and conditions of licences on which prisoners may be released;
for the appointment of Government officers, the recognition of institutions and societies referred to in section 2:
for defining the powers and duties of Government officers, institutions of persons, under whose authority or supervision conditionally released prisoners may be kept;
for defining the classes of offenders who may be conditionally released, and periods of imprisonment after which they may be so released ;
for prescribing the manner in which an order of revocation of a licence shall be served on the person whose licence is revoked ;
generally for carrying into effect all the purposes of this Act.