{ "schema_version": "qanun-law-text/1", "id": "punjab-code-e39d8476cd737c31", "title": "PROBATION OF OFFENDERS ORDINANCE, 1960", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UmcBMVZgW2M-", "version": null, "source_snapshot": "2026-08-06T16:47:49Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "76535a76447cd1762d81cd97c6a3d40d57af9759a997a68eec215c08c2ab8586", "source_sha256": "76535a76447cd1762d81cd97c6a3d40d57af9759a997a68eec215c08c2ab8586", "text_version_id": "law:punjab-code-e39d8476cd737c31:sha256:76535a76447cd1762d81cd97c6a3d40d57af9759a997a68eec215c08c2ab8586", "quality_flags": [], "encoding": "UTF-8", "text": "THE PROBATION OF OFFENDERS ORDINANCE, 1960 \r\n(XLV of 1960) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Courts empowered under the Ordinance. \r\n4. Conditional discharges, etc. \r\n5. Power of court to make a probation order in certain cases. \r\n5A. Conditions of community service \r\n6. Order for payment of costs and compensation. \r\n7. Failure to observe conditions of the bond. \r\n8. Powers of court in appeal and revision. \r\n9. Provisions of the Code to apply to sureties and bond. \r\n10. Variation of conditions of probation. \r\n11. Effects of discharge and probation. \r\n12. Appointment of probation officers. \r\n13. Duties of a probation officer. \r\n14. Power to make rules. \r\n15. [Omitted] \r\n16. [Omitted] \r\n17. Provisions of this Ordinance to be in addition to and not in derogation of \r\ncertain laws. \r\n \r\nTEXT \r\n1\r\nTHE PROBATION OF OFFENDERS ORDINANCE, 1960 \r\n(XLV of 1960)\r\n2\r\n \r\n[1 November 1960] \r\nAn \r\nOrdinance \r\nto provide for the release on probation of offenders in certain cases. \r\n WHEREAS it is expedient to provide for the release on probation of offenders \r\nin certain cases and for matters incidental thereto; \r\n NOW, THEREFORE, in pursuance of the Proclamation of the sevent h day of \r\nOctober, 1958, and in exercise of all powers enabling him in that behalf, the \r\nPresident is pleased to make and promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Probation of Offenders Ordinance, 1960. \r\n (2) It extends to the whole of \r\n3\r\n[the Punjab]. \r\n \r\n4\r\n[(3) It shall come into force at once.] \r\n2. Definitions.– In this Ordinance, unless there is anything repugnant in the \r\nsubject or context:– \r\n(a) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); \r\n5\r\n[(aa) “community service” means any unpaid work or service beneficial to \r\nthe community to be performed by a probationer under the probation \r\norder;] \r\n(b) “Court” means a court empowered to exercise powers under this \r\nOrdinance; \r\n(c) “Officer-in-charge” means the head of the Probation Department; \r\n(d) “probation officer” means a person appointed as such under section \r\n12; \r\n(e) “probation order” means an order made under section 5; \r\n \r\n1This Ordinance was promulgated by the President of Pakistan and published in the Gazette of Pakistan (Extraordinary), dated \r\nNovember 1, 1960, pp. 1645-1651. \r\n2The Ordinance has been amended in its application to the Province of East Pakistan by East Pakistan Act No. 10 of 1964, s. 2 \r\nwith effect from April 1, 1964. See Dacca 1964, Part I, p. 435. \r\n3Substituted for the word “Pakistan” by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab \r\nGazette (Extraordinary), dated: 29 January 2025, pp. 2685-2686, s. 2(a). \r\n4Substituted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 29 January 2025, pp. 2685-2686, s. 2(b). \r\n5Inserted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 29 January 2025, pp. 2685-2686, s. 3. \r\n(f) “Probation Department” means the department responsible for the \r\nadministration of this Ordinance; \r\n(g) all other words and expressions used but not defined in this Ordinance \r\nand defined in the Code shall have the same meaning as assigned to \r\nthem in the Code. \r\n3. Courts empowered under the Ordinance.– (1) The following courts shall be \r\nthe courts empowered to exercise powers under this Ordinance, namely:– \r\n(a) a High Court; \r\n(b) a Court of Sessions; \r\n1\r\n[(c) * * * * * * * * * ] \r\n2\r\n[(d) * * * * * * * * * ] \r\n(e) a Magistrate of the 1st Class; and \r\n(f) any other magistrate especially empowered in this behalf. \r\n (2) A Court may exercise powers under this Ordinance, whether the case \r\ncomes before it for original hearing or on appeal or in revision. \r\n (3) Where any offender is convicted by a Magistrate not empowered to \r\nexercise po wers under this Ordinance, and such Magistrate is of opinion that the \r\npowers conferred by section 4 or section 5 should be exercised, he shall record his \r\nopinion to that effect and submit the proc eedings to a Magistrate of the 1 st Class \r\n3\r\n[* * \r\n*] forwarding the offender to him, or taking bail for appearance before him, and such \r\nMagistrate may thereupon pass such sentence or make such order as he might have \r\npassed or made if the case had originally been heard by him, and, if he thinks further \r\ninquiry or addit ional evidence on any point to be necessary, he may make such \r\ninquiry or take such evidence himself or direct such inquiry or evidence to be made \r\nor taken. \r\n4. Conditional discharges, etc .– (1) Where a court by which a person, not \r\nproved to have been previously convicted, is convicted of an offence punishable with \r\nimprisonment for not more than two years is of opinion, having regard to:– \r\n(a) the age, character, antecedents or physical or mental condition of the \r\noffender, and \r\n(b) the nature of the offence or any extenuating circum stances attending \r\nthe commission of the offence, \r\nthat it is inexpedient to inflict punishment and that a probation order is not \r\nappropriate, the court may, after recording its reasons in writing, make an order \r\ndischarging him after d ue admonition, or, if the court thinks fit, it may likewise make \r\nan order discharging him subject to the condition that he enters into a bond, with or \r\n \r\n1Omitted by the Probation of Offenders (Amendment) Ordinance, 2002 (LXVI of 2002), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated October 5, 2002, which w as also omitted by the Federal Laws (Revision and Declaration) \r\nOrdinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-475, \r\ns. 3, read with Second Schedule Serial No. 16. \r\n2Ibid. \r\n3Omitted the words “or a Sub-Divisional Magistrate” by the Ordinance ibid. \r\nwithout sureties, for committing no offence and being of good behaviour during such \r\nperiod not exceeding one year from the date of the order as may be specified \r\ntherein. \r\n (2) An order discharging a person subject to such condition as aforesaid is \r\nhereafter in this Ordinance referred to as “an order for conditional discharge”, and \r\nthe period specified in any such order as “the period of conditional discharge”. \r\n (3) Before making an order for conditional discharge, the court shall \r\nexplain to the offender in ordinary language that if he commits any offence or does \r\nnot remain of good behaviour during the period of conditional discharge he will be \r\nliable to be sentenced for the original offence. \r\n (4) Where a person conditionally discharged under this section is \r\nsentenced for the offence in respect of which the order for conditional discharge was \r\nmade, that order shall cease to have effect. \r\n5. Power of court to make a probation order in certain cases .– (1) Where a \r\ncourt by which– \r\n(a) any male person is convicted of an offence not being an offence under \r\nChapter VI or Chapter VII of the Pakistan Penal Code (Act XLV of \r\n1860), or under section 216A, 328, 382, 386, 387, 388, 389, 392, 393, \r\n397, 398, 399, 401, 402, 455, or 458 of that Code, or an offence \r\npunishable with death or \r\n1\r\n[imprisonment] for life, or \r\n(b) any female person is convicted of any offence other than an offe nce \r\npunishable with death, \r\nis of opinion that, having regard to the circumstances including the nature of the \r\noffence and the character of the offender, it is expedient to do so, the court may, for \r\nreasons to be recorded in writing, instead of sentencing the person at once, make a \r\nprobation order, that is to say, an order requiring him or her to be under the \r\nsupervision of a probation officer for such period, not being less than one year or \r\nmore than three years, as may be specified in the order: \r\n Provided that the court shall not pass a probation order unless the offender \r\nenters into a bond, with or without sureties, to com mit no offence and to keep the \r\npeace and be of good behaviour during the period of the bond and to appear and \r\nreceive sentence if called upon to do so during that period: \r\n Provided further that the court shall not pass a probation order under this \r\nsection unless it is satisfied that the offender or one of his sureties, if any, has a fixed \r\nplace of abode or a regular occupation within the local limits of its jurisdiction and is \r\nlikely to continue in such place of abode or such occupation, during the period of the \r\nbond. \r\n (2) While making a probation order, the court may also direct that the bond \r\nshall contain such conditions as in the opini on of the court may be necessary for \r\n \r\n1Substituted for the word “transportation” by the Probation of Offenders (Amendment) Ordinance, 2002 (LXVI of 2002), published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated October 5, 2002, which w as also omitted by the Federal La ws (Revision and \r\nDeclaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-\r\n475, s. 3, read with Second Schedule Serial No. 16. \r\nsecuring supervision of the offender by the probation officer \r\n1\r\n[or Deputy \r\nCommissioner of the District concern ed, as the case may be,] and also such \r\nadditional conditions with respect to res idence, environment, abstenti on from \r\nintoxicants and any other matter which the court may, having regard to the particular \r\ncircumstances of the case, consider necessary for pre venting a repetition of the \r\nsame offence or a commission of other offences by the offender and for rehabilitating \r\nhim as an honest, industrious and law-abiding citizen. \r\n (3) When an offender is sentenced for the offence in respect of which a \r\nprobation order was made, that probation order shall cease to have effect. \r\n2\r\n[5A. Conditions of community service .- (1) Wh ile making a probation order \r\nmandating community service, the Court shall consider the following: \r\n(a) capability and willingness of the offender; \r\n(b) purpose and suitability of community service; \r\n(c) beneficiality of community service and its usefulness for \r\nrehabilitation and reintegration of probationer into society; and \r\n(d) consequences of breach of terms and conditions of the bond. \r\n (2) Notwithstanding anything contained in sub -section (1) of section 5, a \r\nprobationer under the probation order mandating commu nity service, shall be under \r\nthe supervision of the Deputy Commissioner of the District concerned.] \r\n6. Order for payment of costs and compensation .– (1) A court directing the \r\ndischarge of an offender under section 4 or making a probation order under section 5 \r\nmay order the offender to pay such compensation or damages for loss or injury \r\ncaused to any person by the offence and such costs of the proceedings as the court \r\nthinks reasonable: \r\n Provided that the amount of compensation, damages and costs so awarded \r\nshall in no case exceed the amount of fine which the court might have imposed in \r\nrespect of the offence. \r\n (2) At the time of awarding compensation or damages in any subsequent \r\ncivil suit or proceeding relating to the same offence, the court hearing such su it or \r\nproceeding shall take into account any sum paid or recovered as compensation, \r\ndamages or costs under sub-section (1). \r\n (3) The amount ordered to be paid under sub -section (1) may be \r\nrecovered as fine in accordance with the provisions of section 386 a nd 387 of the \r\nCode. \r\n7. Failure to observe conditions of the bond .– (1) If the court by which an \r\noffender is bound by a bond under section 5 has reason to believe that the offender \r\nhas failed to observe any of the conditions of his bond, it may issue a warr ant for his \r\narrest or may, if it thinks fit, issue summons to the offender and his sureties, if any, \r\nrequiring them to appear before it at such time as may be specified in the summons. \r\n \r\n1Inserted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 29 January 2025, pp. 2685-2686, s. 4. \r\n2Inserted by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 29 January 2025, pp. 2685-2686, s. 5. \r\n (2) The court before which an offender is brought or appears under sub -\r\nsection (1) may either remand him to judicial custody until the case is heard or admit \r\nhim to bail, with or without sureties, to appear on the date of hearing. \r\n (3) If the court, after hearing the case, is satisfied that the offender has \r\nfailed to observ e any of the conditions of his bond, including any condition which \r\nmay have been imposed under sub-section (2) of section 5, it may forthwith– \r\n(a) sentence him for the original offence, or \r\n(b) without prejudice to the continuance in force of th e bond, impose upon \r\nhim a fine not \r\n1\r\n[less than ten] thousand rupees: \r\n Provided that the court imposing the fine shall take into account the amount of \r\ncompensation, damages or costs ordered to be paid under section 6. \r\n (4) If a fine imposed under clause (b) of sub -section (3) is not paid within \r\nsuch period as the court may fix, the court may sentence the offender for the original \r\noffence. \r\n8. Powers of court in appeal and revision .– Where an appeal or application \r\nfor revision is made against conviction of an offence for which an order is made \r\nunder section 4 or section 5 discharging the offender absolutely or conditionally or \r\nplacing him on probation the appellate court or the court sitting in revision may pass \r\nsuch order as it could have passed under the C ode, or may set aside or amend the \r\norder made under section 4 or section 5 and in lieu thereof pass sentence authorized \r\nby law: \r\n Provided that the appellate court or the court sitting in revision shall not \r\nimpose a greater punishment than the punishment wh ich might have been imposed \r\nby the court by which the offender was convicted. \r\n9. Provisions of the Code to apply to sureties and bond .– The provisions of \r\nsections 122, 406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, \r\napply in the case of sureties and bonds taken under this Ordinance. \r\n10. Variation of conditions of probation .– (1) The court by which a probation \r\norder is made under section 5 may at any time, on the application of the person \r\nunder probation or of the probation officer or of its own motion, if it thinks it expedient \r\nto vary the bond taken under that section, summon the person under probation to \r\nappear before it, and, after giving him a reasonable opportunity of showing cause \r\nwhy the bond should not be varied, vary the bond by extending or reducing the \r\nduration thereof or by altering any other of its terms and conditions or by inserting \r\nadditional conditions therein: \r\n Provided that in no case shall the duration of the bond be less than one year \r\nor more than three years from the date of the original order: \r\n Provided further that where the bond is with surety or sureties, no variation \r\nshall be made in the bond without the consent of the surety or sureties; and if the \r\n \r\n1Substituted for the words “exceeding one” by the Probation of Offenders (Amendment) Act 2025 (V of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 29 January 2025, pp. 2685-2686, s. 6. \r\nsurety or sureties do not consent to the variation, the court sha ll require the person \r\nunder probation to execute a fresh bond, with or without sureties. \r\n (2) Any such court as aforesaid may, on the application of any person \r\nunder probation or of the probation officer or of its own motion, if satisfied that the \r\nconduct of the person under probation has been satisfactory as to render it \r\nunnecessary to keep him under supervision, discharge the probation order and the \r\nbond. \r\n11. Effects of discharge and probation .– (1) A conviction of an offence, for \r\nwhich an order is made u nder section 4 or section 5 for discharging the offender \r\nafter the due admonition or conditionally or placing him on probation, shall be \r\ndeemed not to be a conviction for any purpose other than the purposes of the \r\nproceedings in which the order is made and of any subsequent proceedings which \r\nmay be taken against the offender under the provisions of this Ordinance: \r\n Provided that where an offender, being not less than eighteen years of age at \r\nthe time of his conviction of an offence for which an order discha rging him \r\nconditionally or placing him on probation is made, is subsequently sentenced under \r\nthis Ordinance for that offence, the provisions of this sub-section shall cease to apply \r\nto the conviction. \r\n (2) Without prejudice to the foregoing provisions of t his section, the \r\nconviction of an offender who is discharged after due admonition or conditionally, or \r\nwho is placed on probation, shall in any event be disregarded for the purposes of \r\nany law which imposes any disqualification or disability upon convicted persons, or \r\nauthorizes or requires the imposition of any such disqualification or disability. \r\n (3) The foregoing provisions of this section shall not affect– \r\n(a) any right of any such offender to appeal against his conviction, or to \r\nrely thereon in bar of any subsequent proceedings for the same \r\noffence; \r\n(b) the revesting or restoration of any property in consequence of the \r\nconviction of any such offender. \r\n12. Appointment of probation officers .– (1) A probation officer referred to in a \r\nprobation order may b e any person appointed to be probation officer by the Officer -\r\nin-charge. \r\n (2) A probation officer referred to in sub -section (1) shall be a person who \r\nshall possess such qualifications as may be prescribed by rules made in this behalf \r\nunder this Ordinance. \r\n (3) A probation officer, in the exercise of his duties under any probation \r\norder, shall be subject to the control of the Officer-in-charge. \r\n13. Duties of a probation officer .– A probation officer shall, subject to the rules \r\nmade under this Ordinance,– \r\n(a) visit or receive visits from the offender at such reasonable intervals as \r\nmay be specified in the probation order or, subject thereto, as the \r\nOfficer-in-charge may think fit; \r\n(b) see that the offender observes the conditions of the bond executed \r\nunder section 5; \r\n(c) report to the Officer-in-charge as to the behaviour of the offender; \r\n(d) advise, assist and befriend the offender, and when necessary \r\nendeavour to find him suitable employment; and \r\n(e) perform any other duty which may be prescribed by the rul es made \r\nunder this Ordinance. \r\n14. Power to make rules .– (1) The \r\n1\r\n[Provincial Government] may, by notification \r\nin the official Gazette, make rules for the purpose of carrying into effect the \r\nprovisions of this Ordinance. \r\n (2) In particular and without preju dice to the generality of the foregoing \r\nprovision, the \r\n2\r\n[Provincial Government] may make rules– \r\n(a) regulating the appointment, resignation and removal of probation \r\nofficers and prescribing the qualification of such officers; \r\n(b) prescribing and regulating the duties of probation officers; and \r\n(c) regulating the remuneration payable to probation officers. \r\n3\r\n[15. * * * * * * * * * ] \r\n4\r\n[16. * * * * * * * * * ] \r\n17. Provisions of this Ordinance to be in addition to and not in derogation of \r\ncertain laws .– The provisions of this Ordinance shall be in addition to and not in \r\nderogation of the Reformatory Schools Act, 1897 (VIII of 1897), \r\n5\r\n[* * *] , the Punjab \r\nBorstal Act, 1926 (Pun. Act XI of 1926), \r\n6\r\n[* * *], the \r\n7\r\n[Punjab Children Ordinance, \r\n1983 (Pb. Ord. XXII of 1983)], the \r\n8\r\n[Punjab Youthful Offenders Ordinance, 1983 (Pb. \r\nOrd. XXIII of 1983)], and the Sind Children Act, 1955 (Sind Act XII of 1955). \r\n \r\n \r\n \r\n \r\n \r\n1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the \r\nGazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, Article 2 read with Schedule. \r\n2Ibid. \r\n3Omitted by the Order ibid. \r\n4Omitted by the Fe deral Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-475, s. 3, read with Second Schedule, Serial No. 16. \r\n5Omitted the words, commas and figure “the Bengal Children Act, 1922,” by the Federal Laws (Revision and Declaration) \r\nOrdinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary), Part I, dated July 8, 1981, pp. 345-475, \r\ns. 3 read with Second Schedule, Serial No. 16. \r\n6Omitted the words, commas and figure “the Bengal Borstal Schools Act, 1928,” by the Ordinance ibid. \r\n7Substituted for the words, comma and figure “Punjab Children Act, 1952” by the Probation of Offenders (Amendment) \r\nOrdinance, 2002 (LXVI of 2002), published in the Gazette of Pakistan (Extraordinary), Part I, dated October 5, 2002, pp. 1287 -\r\n1288, s. 3(a). \r\n8Substituted for the words, commas and figure “Punjab Youthful Offenders Act, 1952” by the Ordinance ibid., s. 3(b).", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-e39d8476cd737c31:sha256:76535a76447cd1762d81cd97c6a3d40d57af9759a997a68eec215c08c2ab8586:chars-0-1790:7c4a40b4ba8cf66bcded01bce9ad35a05e93f5d262dc2f5a7c4b33ade38029fc", "character_start": 0, "character_end": 1790, "utf8_byte_start": 0, "utf8_byte_end": 1802, "passage_sha256": "7c4a40b4ba8cf66bcded01bce9ad35a05e93f5d262dc2f5a7c4b33ade38029fc", "reader_fragment": "p-0-1790-7c4a40b4ba8cf66b" }, { "passage_id": 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