Probation of Offenders Ordinance, 1960

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U
pdated 
till 
17.04.202
3
 
 
 
 
THE PROBATION OF OFFENDERS ORDINANCE, 1960
 
 
 
 
 
 
CONTENTS
 
 
 
 
 
1.
 
Short title, extent and commencement.
 
2.
 
Definitions.
 
3.
 
Courts empowered under the Ordinance
 
4.
 
Conditional discharges, etc
. 
 
5.
 
Power of Court to make a probation order in certain
 
ca
ses
. 
 
6.
 
Order for p
a
yment of costs and compensation
. 
 
7.
 
Failure to observe conditions of the bond
. 
 
8.
 
Powers of Court in appeal and revision
.
 
9.
 
Provisions of the Code to apply to sureties and bond.
 
10.
 
Variation of conditions of probation
. 
 
11.
 
Effects of discharge and
 
pr
obation
.
 
12.
 
Appointm
e
nt of probation officers
.
 
13.
 
Duties of a probation officer
.
 
14.
 
Power to make rules
.
 
15.
 
[
Omitted
].
 
16.
 
[
Omitted
].
 
17.
 
Provisions of this Ordinance to be in addition to and not in derogation of certain law
s
.
 
 
 
 
Pa
g
e 
2
 
of 
7
 
 
THE PROBATION OF OFFENDERS ORDINANCE, 19
60
 
 
 
ORDINANCE NO. X
LV OF
 
1960
 
 
[
1st November, 1960
]
 
 
AN 
 
 
ORDINANCE 
 
 
to provide for the release on probation of offender
s
 
in certain cases
 
 
W
HEREAS
 
it is expedient to provide for the release on probation of offenders in certain cases 
and for matters inci
den
tal thereto; 
 
 
 
N
OW
, T
HEREFORE
, 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 followin
g Ordinance
:
___
 
1. 
Short title, 
ext
ent and commencem
ent.
_
_ 
(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
1
 
or dates as the 
2
[
Federal
 
Government
]
 
may, by 
notification in the 
o
ff
icial Gazette, ap
point
, and different dates may be appointed for different areas.
 
 
2. Definitions.
__
 
In this Ordinance, unless there is anything repu
gnant in the subject or context
:
__
 
 
(a) 
 
“Code” means the Code of Criminal Procedure, 1898 (Act V of 189
8
) 
;
 
(b) 
 
“Court” me
ans a
 
c
ourt 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” 
m
ea
ns 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 d
ef
ined in this Ordinance and 
defined in the Code shall hav
e th
e
 
s
ame meaning as as
signe
d t
o them in the 
Code.
 
 
 
 
 
3. Courts empowered under the Ordinance.
__ 
(1) The following courts shall be the c
ourts 
empowered to exercise powers under this Ordinance, namely:
__
 
 
(a) 
 
a High Court ;
 
__________________________________
_
__
_________________
_____
_____________
 
1
The Ordinance shall come into force in:
__
 
(i) 
 
West Pakistan with effect from the 1
st
 
July 1961, 
see
 
Gaz. of P. 1961.Ext., p.957, and.
 
(ii) 
 
The Provision
s
 
of this Ordinance have been applied to the whole of the Trib
a
l 
Areas of Baluchis
tan R
egulation No.II of 1972.s.2.
 
2
Subs. by F.O.A. 1975, Art.2 and Table, for “Central Government”.
 
 
Pa
g
e 
3
 
of 
7
 
 
(b) 
 
a Court of Sessions ;
 
(
c
)
 
1
[*
 
*
 
*
 
*
 
*
 
*
 
*
]
 
(
d
)
 
1
[*
 
*
 
*
 
*
 
*
 
*
 
*
]
 
(e) 
 
a Magistrate of the 1st Class ; and
 
(
f ) 
 
any other 
m
agistrat
e s
pecial
ly empowere
d 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 exerci
se 
powers
 
under 
th
is
 
Ordi
nance, 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 
1
[*****]
 
for
war
ding th
e offender
 
to h
im, 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 o
r 
a
ddition
al evidenc
e 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 
c
ourt by which a person, not proved to have 
b
een
 
previo
usly convi
cted,
 
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 t
he 
offence
 
or any ex
tenua
ting circumstances attending the 
commission of the offence,
 
 
 
that it is inexpedient to inflict punishment and that a probation order is not appropriate, the 
c
ourt 
may, after recording its reasons in writing, make an order discharg
ing
 
him af
ter due ad
monit
ion, or, 
if the c
ourt 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
 
no
t excee
ding one y
ear f
rom the date of the order as may be specified therein.
 
 
(2) An order discharging a person subject to such condition as afore
said is hereafter in this 
Ordinance referred to as “an order for conditional discharge”, and the period sp
eci
fied in
 
any such 
order
 
as “the period of conditional discharge”.
 
 
(3) Before making an order for conditional
 
discharge, the c
ourt shall explain to the offender 
in ordinary language that if he commits any offence or does not remain of good behaviour duri
ng 
the 
per
iod of con
ditio
nal 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
, t
hat ord
er shall c
ease 
to have effect.
 
________________________________________________________________________
 
1
Omitted by Ord. 
XLVI
 
of
 
20
02,
 
s.2.
 
 
Pa
g
e 
4
 
of 
7
 
 
 
5. Power of Court to make a probation order in certain cases.
__ 
(1) Where a Court by 
which
___
 
 
(a) 
 
any ma
le
 
person 
is convic
ted o
f an offence not being an offence under Chapter 
VI or Chapter VII of the Pakistan Penal Code (Act XLV of 1860), 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 
of
fence pu
nishable 
with 
death or 
1
[imprisonment] 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 inclu
ding the nature of the offence and th
e 
characte
r of the 
offen
der, 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 pr
ob
ation of
ficer  fo
r suc
h period, not being less 
than one year or more than three years, a
s may be specified in the order
:
 
Provided that the  Court shall not pass a probation orde
r
 
unless the
 
 
offender enters into a 
bond, with or without sureties, to com
mi
t  no of
fence and
 
to k
eep the peace and be of good 
behaviour during the period of the bond and to appear and receive sentence if called u
pon to do so 
during that period
:
 
Provided further that the Court shall not pass a probation order under this section 
un
less it 
is 
satisf
ied t
hat 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 o
f 
the bond
.
 
(2) Whi
le ma
king 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 o
f the 
offender by the probation
 
officer and also such additional
 
c
ondition
s with re
spect
 
to residence, 
environment, abstention from intoxicants and any other matter which the 
c
ourt may, having regard to 
the particular circumstances of the case, consider necessary for preventing a repetition of the same 
offence or a com
mi
ssion of
 
other of
fence
s 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 ha
ve
 
effect.
 
6. Order
 
for 
payment of costs and compensation
.
__ 
(1) A c
ourt 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
 
t
o any pe
rson by t
he of
fence and such 
c
osts of the proceedings as the c
ourt thinks reasonable :
 
Provided that the amount of compensation, damages and costs so awarded shall in no case 
excee
d the amount of fine which the c
ourt might have imposed in respect
 
o
f the of
fence.
 
(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, damag
es
 
or cost
s under s
ub
-
s
ection (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.
 
 
___________________________________________________________________
__
___
 
1
Sub
s by the 
Feder
al Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981),s.3 and II Sch., for “transportation”.
 
 
Pa
g
e 
5
 
of 
7
 
 
7. Failure to observe conditions of the bond.
__
 
(1) If the 
c
ourt by 
which an offender 
is 
bound by a bond under section 5 has reas
on
 
to beli
eve that 
the o
ffender has failed to observe any of 
the conditions of his bound, 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 tim
e 
as 
may b
e specifi
ed in
 
the summons.
 
(2) The court before which an offender is brought or appears under subsection (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 
c
ourt, after hearing the case, is satisfied that the offender has failed to observe any 
of the conditions of his bond, including any condition
s
 
which may have been imposed under sub
-
section (2) of section 5, it may forthwith
__
 
(a) 
 
s
en
tence hi
m for the
 
orig
inal offence, or
 
(b) 
 
without prejudice to the continuance in force of the bond, impose upon him a 
fine no
t exceeding one thousand rupees
:
 
Provided that the 
c
ourt imposing the fine shall take into account the amount of compensation,
 
d
amages o
r costs o
rdere
d 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 
c
ourt may fix, the 
c
ourt may sentence the offender for the original offence.
 
 
8. Powers of 
c
ourt in appeal
 
a
nd revis
ion
.
__
 
Wh
en 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 
c
our
t 
or the C
ourt sitt
ing i
n 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 
c
ourt or 
th
e 
c
ourt 
sitting i
n rev
ision 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 provi
sions of sections 
12
2, 
406A,
 
514, 514
A, 51
4B 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 
c
ourt by which a probation order is 
made under section 5 may at
 
a
ny time
,
 
on the a
pplic
a
tion 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
 
reasona
ble 
oppor
tunit
y of showing cause why the 
b
ond 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 sh
all the d
urati
on 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 su
re
ty or su
reties; a
nd if
 
the surety or sureties do not consent to 
the variation
,
 
the 
c
ourt shall require the person under probation to execute a fresh bond, with or 
without sureties.
 
 
Pa
g
e 
6
 
of 
7
 
 
(2) Any such 
c
ourt as aforesaid may, on the application of any person und
er
 
probati
on or of 
the p
robation 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. Ef
fe
cts of d
ischarge 
and p
robation
.
__ 
(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 conv
ic
tion fo
r any purp
ose 
o
ther than the purpose
s
 
of the proceedings in which the order is made and of any subsequent 
proceedings which may be taken against the offender under t
he provisions of this Ordinance
:
 
 
Provided that where an offender, being not less 
th
an eigh
teen years
 
of a
ge 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
-
sectio
n 
shall c
ease to ap
ply t
o the conviction.
 
(2) Without prejudice to the foregoing provisions of this section, the conviction of an 
offender who is discharged after due admonition or condi
tionally, or who is placed on probation, 
shall in any event be disreg
ar
ded for
 
the purpo
ses o
f 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) 
 
a
ny right o
f any
 
such offender to appeal against his conviction, or to rely 
thereon in bar of any subsequent proceedings for the same offence;
 
 
(b) 
 
the revesting or restoration of any property in consequence of the conviction 
of any such offender.
 
 
 
12. Ap
pointment 
of pr
obation 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 
sh
all pos
sess such 
quali
fications 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. Dutie
s 
of a pr
obation of
ficer
.
-
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 Offic
er
-
in
-
ch
arge 
may t
hink 
fit ;
 
 
 
(b) 
 
see that the offenders 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 ne
ce
ssary e
ndeavour t
o fin
d 
him suitable employment ; and
 
(e) 
 
perform any other duty which may be prescribed by the rules made under this 
Ordinance
 
 
Pa
g
e 
7
 
of 
7
 
 
 
14. Power to make rules.
__ 
(1) The 
1
[Provincial Government] may, by notification in the 
official Gazette, ma
ke
 
rules 
for the pu
rpose
 
of carrying into effect the provisions of this Ordinance.
 
 
(2) In particular and without prejudice to the generality of the foregoing provision
s
, the 
1
[Provincial Government] may, make rules
__
 
 
(a) 
 
regulating the appointment resig
na
tion an
d removal 
of pr
obation 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
 
t
o Provi
ncial Gove
rnmen
t.
]
 
Omitted by A.O., 1964, Art.2nd Sch.
 
 
16. [
Repeal of sections 380 and 562
-
564 of the Code
.
] 
O
mitted by the Federal Laws 
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and II Sch.
 
 
17. Provisions of this Ordinance to
 
b
e in ad
dition to 
and n
ot 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
 
(VIII of 1897) 
, 
2
[
* * *
]
, the Punjab Borstal Act, 1926
 
(Pun. Act XI 
of 1926)
, 
2
[
*
 
* *
],
 
the 
3
[Punj
ab Ch
ildren 
Ord
inance
, 1983
 
(Pb. Ord. XXII of 1983)
] and 
the 
3
[Punjab 
Youthful Offender
s
 
Ordinance, 1983
 
(Pb. Ord. XXIII of 1983)
] and the Sind Children Act, 1955
 
(sind Act XII of 1955)
.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
____________________________
_________________
____
_
_____________
_________
 
1
Subs. by A.O. 1964, Art.2 and Sch. for “Central Government”.
 
2
Omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s.3 and II Sch.
 
3
Subs. by Ord. 
XLVI
 
of 
2002,
 
s.3.