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.