Good Conduct Prisoners’ Probational Release 1926: Act X CONTENTS 1. Short title, extent and commencement. 2. Power of Government to release by license on conditions imposed by it. 3. Period for which license is to be in force. 4. Period of release to b e reckoned as imprisonment for computing period of sentence served. 5. Form of license. 6. Power to revoke license. 7. Released absconders who escape from supervision to be punishable. 8. Power to make rules. THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926 (X of 1926) TEXT 1 THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926 (X of 1926) [11 June 1926] An Act to provide for the release of good conduct prisoners on conditions imposed by the 2 [Provincial Government]. Preamble.– WHEREAS it is expedient to provide for the conditional release from prison of good conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced, and whereas the previous sanction of the Governor - General under sub -section (3) of section 80 -A of the Government of India Act has been obtained, It is hereby enacted as follows:– 1. Short title, extent and commencement .– (1) This Act may be called the Good Conduct Prisoners’ Probational Release Act, 1926. (2) 3 [It extends to the whole of the Province of 4 [the Punjab], except the 5 [Tribal Areas].] (3) It shall come into force on such date 6 as the 7 [Provincial Government] may by notification appoint in this behalf. 2. Power of Government to release by license on conditions imposed by it .– Notwithstanding anything contained in section 401 of the Code of Criminal Procedure, 1898 8 , where a person is confined in prison under a sentence of imprisonment, and it appears to the 9 [Provincial Government] from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead a useful and industrious life, if he is released from prison, the 10 [Provincial Government] may by license permit him to be released on condition that he be placed under the supervision or authority of 11 [a 1 [servant of the State]] or a 1For Statement of Objects and Reasons, see Punjab Gazette , 11.06.1926, Part I, p. 544; and for Proceedings in Council, see Punjab Legislative Council Debates, Voume IX-B, pp. 1109-11. This Act received the assent of the Governor of the Punjab on July 21, 1926; that of the Governor-General on 16th August 1926 and was published in the Punjab Gazette, June 11, 1926. This Act came into force on May 1, 1927, vide Notification No. 13272, dated April 27, 1927. 2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 3Substituted by the West Pakistan Good Conduct Prisoners’ Probational Release (Extension) Act, 1958 (VII of 1958), published in the Gazette West Pakistan (Extraordinary), April 10, 1958, pp. 533-534, s. 2. 4Substituted for the wo rds “West Pakistan” by read with Schedule of the Punjab Laws (Adaptation) Order, 1974 (I of 1974), published in the Punjab Gazette (Extraordinary), November 20, 1974, pp. 1425-A-1425-PP, s. 2. 5Substituted for the words “Federal Capital and the Special Ar eas” by the Good Conduct Prisoners’ Probational Release (West Pakistan Amendment) Act, 1964 (XXV of 1964), published in the Gazette of West Pakistan (Extraordinary), April 11, 1964, pp. 1207-G-1207-H, s. 2. 6This Act came into force on May 1, 1927 vide Pun jab Government (Jails) Notification No. 13272, dated April 27, 1927, published in the Punjab Gazette, Part-I, dated April 29, 1927, p. 394. 7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 8V of 1898. 9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, p ublished in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 10Ibid. 11Substituted for the words “Government officer” by the Order ibid., Article 3 read with Schedule I. secular institution o r of a person or society professing the same religion as the prisoner, named in the license and 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 2 . 3. Period for which license is to be in force .– A license 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 or warrant authorising his imprisonment, have been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner. 4. Period of release to be reckoned as imprisonment for computing period of sentence served .– The period during which a person is absent from prison under the provisions of this Act on a license which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenc ed, for the purpose of computing the period of the sentence and for the purpose of computing the amount of remission of his sentence which might be awarded to him under any rules in force relating to such remission. 5. Form of license .– A license granted u nder the provisions of section 2 shall be in such form and shall contain such conditions as the 3 [Provincial Government] may, by general or special order or by rules 4 made in this behalf, direct. 6. Power to revoke license.– (1) The 5 [Provincial Government] may at any time revoke a license granted under the provisions of section 2. (2) An order of revocation passed under the provisions of sub -section (1) shall specify the date with effect from which the license shall cease to be in force and shall be served in such manner as the 6 [Provincial Government] may by rules 7 prescribe, upon the person whose license has been revoked. 7. Released absconders who escape from supervision to be punishable .– (1) If any person escapes from the supervision or authority of 8 [a 9 [servant of the State]] 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 license has been revoked under the provisions of section 6, fails, without lawful excus e, 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 magistrate be punishable with imprisonment for a term which may extend to two years or with fine, or with both. 1Substituted for th e words “servant of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 read with Schedule, Part II. 2V of 1898. 3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 4For rules see Notification No. 13273, published in the Punjab Gazette, Part I, dated April 29, 1927, pp. 395-398 5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 6Ibid. 7For rules see Notification No. 13273, published in the Punjab Gazette, Part I, dated April 29, 1927, pp. 395-398. 8Substituted for the words “Government officer” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 3 read with Schedule I. 9Ibid. (2) An offence punishable under the provisions of sub -section (1) shall be deemed to be a cognizable offence within the meaning of clause (f) of sub -section (1) of section 4 of the Code of Criminal Procedure, 1898 1 . 8. Power to make rules .– The 2 [Provincial Government] may make rules 3 consistent with this Act– (1) for the form and conditions of licenses on which prisoners may be released; (2) for defining the powers and duties of Government officers, soci eties or persons, under whose authority or supervision, conditionally released prisoners may be kept; (3) for defining the classes of offenders who may be conditionally released and the periods of imprisonment after which they may be so released; (4) generally for carrying into effect all the purposes of this Act. 1V of 1898. 2Substituted for the words “Local Government” by the Government of Indi a (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 3For rules see Notification No. 13273, published in the Punjab Gazette, Part I, dated April 29, 1927, pp. 395-398.