PROBATION OF OFFENDERS ORDINANCE, 1960

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THE PROBATION OF OFFENDERS ORDINANCE, 1960 
(XLV of 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 cases. 
5A.  Conditions of community service 
6. Order for payment 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 probation. 
12. Appointment 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 laws. 
 
TEXT 
1
THE PROBATION OF OFFENDERS ORDINANCE, 1960 
(XLV of 1960)
2
 
[1 November 1960] 
An 
Ordinance 
to provide for the release on probation of offenders in certain cases. 
 WHEREAS it is expedient to provide for the release on probation of offenders 
in certain cases and for matters incidental thereto; 
 NOW, THEREFORE, in pursuance of the Proclamation of the sevent h day of 
October, 1958, and in exercise of all powers enabling him in that behalf, the 
President is pleased to make and promulgate the following Ordinance:– 
1. Short title, extent and commencement .– (1) This Ordinance may be called 
the Probation of Offenders Ordinance, 1960. 
 (2) It extends to the whole of 
3
[the Punjab]. 
 
4
[(3) It shall come into force at once.] 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or context:– 
(a) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); 
5
[(aa)  “community service” means any unpaid work or service beneficial to 
the community to be performed by a probationer under the probation 
order;] 
(b) “Court” means a court 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” means an order made under section 5; 
                                                           
1This Ordinance was promulgated by the President of Pakistan and published in the Gazette of Pakistan (Extraordinary), dated 
November 1, 1960, pp. 1645-1651. 
2The Ordinance has been amended in its application to the Province of East Pakistan by East Pakistan Act No. 10 of 1964, s. 2 
with effect from April 1, 1964. See Dacca 1964, Part I, p. 435.  
3Substituted for the word “Pakistan” by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab 
Gazette (Extraordinary), dated: 29 January 2025, pp. 2685-2686, s. 2(a). 
4Substituted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), 
dated: 29 January 2025, pp. 2685-2686, s. 2(b). 
5Inserted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), 
dated: 29 January 2025, pp. 2685-2686, s. 3. 
(f) “Probation Department” means the department responsible for the 
administration of this Ordinance; 
(g) all other words and expressions used but not defined in this Ordinance 
and defined in the Code shall have the same meaning as assigned to 
them in the Code. 
3. Courts empowered under the Ordinance.– (1) The following courts shall be 
the courts empowered to exercise powers under this Ordinance, namely:– 
(a) a High Court; 
(b) a Court of Sessions; 
1
[(c) * * * * * * * * *   ] 
2
[(d) * * * * * * * * *   ] 
(e) a Magistrate of the 1st Class; and 
(f) any other magistrate especially empowered 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 
exercise po wers under this Ordinance, 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 proc eedings to a Magistrate of the 1 st Class 
3
[* * 
*] forwarding the offender to him, 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 or addit ional evidence 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 court by which a person, not 
proved to have been previously convicted, 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 the offence or any extenuating circum stances attending 
the commission of the offence, 
that it is inexpedient to inflict punishment and that a probation order is not 
appropriate, the court may, after recording its reasons in writing, make an order 
discharging him after d ue admonition, or, if the court thinks fit, it may likewise make 
an order discharging him subject to the condition that he enters into a bond, with or 
                                                           
1Omitted by the Probation of Offenders (Amendment) Ordinance, 2002 (LXVI of 2002),  published in the Gazette of Pakistan 
(Extraordinary), Part I, dated October 5, 2002,  which w as also omitted by the Federal Laws (Revision and Declaration) 
Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-475, 
s. 3, read with Second Schedule Serial No. 16. 
2Ibid. 
3Omitted the words “or a Sub-Divisional Magistrate” by the Ordinance ibid. 
without sureties, for committing no offence and being of good behaviour during such 
period not exceeding one year from the date of the order as may be specified 
therein. 
 (2) An order discharging a person subject to such condition as aforesaid is 
hereafter in this Ordinance referred to as “an order for conditional discharge”, and 
the period specified in any such order as “the period of conditional discharge”. 
 (3) Before making an order for conditional discharge, the court shall 
explain to the offender in ordinary language that if he commits any offence or does 
not remain of good behaviour during the period of  conditional 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, that order shall cease to have effect. 
5. Power of court to make a probation order in certain cases .– (1) Where a 
court by which– 
(a) any male person is convicted of an offence not being an offence under 
Chapter VI or Chapter VII of the Pakistan Penal Code (Act XLV of 
1860), or under section 216A, 328, 382, 386, 387, 388, 389, 392, 393, 
397, 398, 399, 401, 402, 455, or 458 of that Code, or an offence 
punishable with death or 
1
[imprisonment] for life, or 
(b) any female person is convicted of any offence other than an offe nce 
punishable with death,  
is of opinion that, having regard to the circumstances including the nature of the 
offence and the character of the offender, 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 probation officer for such period, not being less than one year or 
more than three years, as may be specified in the order: 
 Provided that the court shall not pass a probation order unless the offender 
enters into a bond, with or without sureties, to com mit no offence and to keep the 
peace and be of good behaviour during the period of the bond and to appear and 
receive sentence if called upon to do so during that period: 
 Provided further that the court shall not pass a probation order under this 
section unless it is satisfied that 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 of the 
bond. 
 (2) While making a probation order, the court may also direct that the bond 
shall contain such conditions as in the opini on of the court may be necessary for 
                                                           
1Substituted for the word “transportation” by the Probation of Offenders (Amendment) Ordinance, 2002 (LXVI of 2002), published in the 
Gazette of Pakistan (Extraordinary),  Part I, dated October 5, 2002,  which w as also omitted by the Federal La ws (Revision and 
Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-
475, s. 3, read with Second Schedule Serial No. 16. 
securing supervision of the offender by the probation officer 
1
[or Deputy 
Commissioner of the District concern ed, as the case may be,] and also such 
additional conditions with respect to res idence, environment, abstenti on from 
intoxicants and any other matter which the court may, having regard to the particular 
circumstances of the case, consider necessary for pre venting a repetition of the 
same offence or a commission of other offences 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 have effect. 
2
[5A.  Conditions of community service .- (1) Wh ile making a probation order 
mandating community service, the Court shall consider the following: 
(a) capability and willingness of the offender; 
(b) purpose and suitability of community service; 
(c) beneficiality of community service and its usefulness for 
rehabilitation and reintegration of probationer into society; and 
(d)      consequences of breach of terms and conditions of the bond. 
    (2) Notwithstanding anything contained in sub -section (1) of section 5, a 
probationer under the probation order mandating commu nity service, shall be under 
the supervision of the Deputy Commissioner of the District concerned.] 
6. Order for payment of costs and compensation .– (1) A court 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 to any person by the offence and such costs of the proceedings  as the court 
thinks reasonable: 
 Provided that the amount of compensation, damages and costs so awarded 
shall in no case exceed the amount of fine which the court might have imposed in 
respect of the offence. 
 (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 su it or 
proceeding shall take into account any sum paid or recovered as compensation, 
damages or costs under sub-section (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 a nd 387 of the 
Code. 
7. Failure to observe conditions of the bond .– (1) If the court by which an 
offender is bound by a bond under section 5 has reason to believe that the offender 
has failed to observe any of the conditions of his bond, it may issue a warr ant 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 time as may be specified in the summons. 
                                                           
1Inserted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), 
dated: 29 January 2025, pp. 2685-2686, s. 4. 
2Inserted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), 
dated: 29 January 2025, pp. 2685-2686, s. 5. 
 (2) The court before which an offender is brought or appears under sub -
section (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 court, after hearing the case, is satisfied that the offender  has 
failed to observ e any of the conditions of his bond, including any condition which 
may have been imposed under sub-section (2) of section 5, it may forthwith– 
(a)  sentence him for the original offence, or 
(b)  without prejudice to the continuance in force of th e bond, impose upon    
him a fine not 
1
[less than ten] thousand rupees: 
 Provided that the court imposing the fine shall take into account the amount of 
compensation, damages or costs ordered 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 court may fix, the court may sentence the offender for the original 
offence. 
8. Powers of court in appeal and revision .– Where 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 court or the court sitting in revision may pass 
such order as it could have passed under the C ode, 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 court or the court sitting in revision shall not 
impose a greater punishment than the punishment wh ich 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 provisions of 
sections 122, 406A, 514, 514A, 514B 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 court by which a probation 
order is made under section 5 may at any time, on the application 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 reasonable opportunity of showing cause 
why the bond 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 shall the duration 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 surety or sureties; and if the 
                                                           
1Substituted for the words “exceeding one” by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the 
Punjab Gazette (Extraordinary), dated: 29 January 2025, pp. 2685-2686, s. 6. 
surety or sureties do not consent to the variation, the court sha ll require the person 
under probation to execute a fresh bond, with or without sureties. 
 (2) Any such court as aforesaid may, on the application of any person 
under probation or of the probation 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. Effects of discharge and probation .– (1) A conviction of an offence, for 
which an order is made u nder 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 conviction for any purpose other than the purposes of the 
proceedings in which the order is made and  of any subsequent proceedings which 
may be taken against the offender under the provisions of this Ordinance: 
 Provided that where an offender, being not less than eighteen years of age at 
the time of his conviction of an offence for which an order discha rging him 
conditionally or placing him on probation is made, is subsequently sentenced under 
this Ordinance for that offence, the provisions of this sub-section shall cease to apply 
to the conviction. 
 (2) Without prejudice to the foregoing provisions of t his section, the 
conviction of an offender who is discharged after due admonition or conditionally, or 
who is placed on probation, shall in any event be disregarded for the purposes of 
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) any right of 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. Appointment of probation officers .– (1) A probation officer referred to in a 
probation order may b e 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 
shall possess such qualifications 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. Duties of a probation officer .– 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 
Officer-in-charge may think fit; 
(b) see that the offender 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 necessary 
endeavour to find him suitable employment; and 
(e) perform any other duty which may be prescribed by the rul es made 
under this Ordinance. 
14. Power to make rules .– (1) The 
1
[Provincial Government] may, by notification 
in the official Gazette, make rules for the purpose of carrying into effect the 
provisions of this Ordinance. 
 (2) In particular and without preju dice to the generality of the foregoing 
provision, the 
2
[Provincial Government] may make rules– 
(a) regulating the appointment, resignation and removal of probation 
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. 
3
[15.  * * * * * * * * *   ]  
4
[16.  * * * * * * * * *   ]  
17. Provisions of this Ordinance to be in addition to and not 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), 
5
[* * *] , the Punjab 
Borstal Act, 1926 (Pun.  Act XI of 1926), 
6
[* * *],  the 
7
[Punjab Children Ordinance, 
1983 (Pb. Ord. XXII of 1983)], the 
8
[Punjab Youthful Offenders Ordinance, 1983 (Pb. 
Ord. XXIII of 1983)], and the Sind Children Act, 1955 (Sind Act XII of 1955). 
 
 
 
 
                                                           
1Substituted for the words  “Central Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the 
Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, Article 2 read with Schedule. 
2Ibid. 
3Omitted by the Order ibid.  
4Omitted by the Fe deral Laws (Revision and Declaration) Ordinance,  1981 (XXVII of 1981), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-475, s. 3, read with Second Schedule, Serial No. 16. 
5Omitted the words, commas and figure “the  Bengal Children Act, 1922,”  by the Federal Laws (Revision and Declaration) 
Ordinance, 1981 (XXVII of 1981), published in the Gazette  of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-475, 
s. 3 read with Second Schedule, Serial No. 16. 
6Omitted the words, commas and figure “the Bengal Borstal Schools Act, 1928,” by the Ordinance ibid. 
7Substituted for the words, comma  and figure “Punjab Children Act, 1952”  by the Probation of Offenders (Amendment) 
Ordinance, 2002 (LXVI of 2002), published in the Gazette of Pakistan (Extraordinary), Part I, dated October 5, 2002, pp. 1287 -
1288, s. 3(a). 
8Substituted for the words, commas and figure “Punjab Youthful Offenders Act, 1952” by the Ordinance ibid., s. 3(b).