[U.P. ACT No . VIII OF 1938]

( Received the assent of the Governor on September 14, 1938 and was published under

Section 75 of the Governor of India  Act, 1935, on September 24 , 1938)

An  Act to provide for the release of certain presents on conditions imposed by the

State Government

                Whereas it is expedient to provide for the conational release from prison of prisoners in certain case before the completion of the term of imprisonment to which  they have been sentenced:  it is herby enacted as follows:

1. Short title, extent and commencement. -  (1) This Act may be called the Uttar Pradesh Prisoners’ Release on Probation Act, 1938.

                (2) It extends to the whole of the Uttar Pradesh.

                (3)  It shall come into force on such date as the State Government may by notification appoint in this behalf.

                Note. -  The Act came into force on Jan. 15, 1939 see Noti. 3436/ VI – 1651(7). -87, dated Dec. 17 1938, in Gaz., 1938 Pt VIII, P. 1287.

                Legislative changes.- The  words [Uttar Pradesh ] and  [State]  were substituted for the words “ United provinces” and  “ Provincial”  by A.O.  .1950, through the Act

                2. Power of Government to release by licence on conditions  imposed by  it ,-  Notwithstanding anything contained in Section 401 of the Code of Criminal Procedure, 1898 where a person is confined in prison  under a sentence of imprisonment, and it appears to the  State Government from his antecedents and his conduct in the prison that he is likely to abstain from crime and lead a peaceable life, if he is released from prison, the State Government may by licence permit him to be released on condition that he be placed under the supervision or authority of a Government Officer or of a person professing the same religion as the prisoner , or such secular institution or such society belonging to the same religion as the prisoner as may be recognized by the State Government for the purpose, provided such other person, institution or society  is 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.

                Nature of Section .- Section 2 is discretionary with Government and the matter is not justifiable by a Court of law nor has a person any right to get released, Brijesh Kumar v State of U.P. 1969 ALJ 372: 1969 ACC 148.

                Antecedent. -  The word ‘ antecedent’ in Section 2 includes the nature of the offence for which a prisoner is convicted. libid   

                Duration of licence.-  Once the licence is granted, it shall remain in force till such date which corresponds to the  last date of his imprisonment if the licence is revoked in between he may be taken into custody. Raghunandan Singh v. State 1984 All LJ 770: 1984 ACrR 363.

                3.  Period for which licence is to be in force. –A licence 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 of warrant authorizing his imprisonment have been discharged from prison had he not been released on licence or until the licence is revoked, whichever is earlier.  

                Scope,  Once the State Government releases a prisoner on licence then the period of that licence shall  last till the date on which the person released would in the execution of the order of warrant authorizing his imprisonment have been discharged from prison had he not been released on licence. Raghunandan Singh v. State, 1984 ALJ 770.  

              4. Period of release to be reckoned as imprisonment for computing period of sentence served .-  The  period during which a person is absent form prison under  the provisions of this Act on a licence which is in force shall be reckoned as part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of his sentence which might be awarded to him under any rules in force relating to such remissions  

                5.  Form of licence .- A  licence granted under the provisions of section 2 shall be in such  form and shall contain such conditions as  the State Government may by general or special order or by rules made in this behalf, direct.

                6. power to revoke licence .- (1)  The  State Government may at any time for reasons to be recorded in writing revoke a licence granted under the provisions of Section 2 :

                Provided that no licence shall be revoked on the ground of the breach of a condition of the licence without giving an opportunity to the person concerned to represent his case be fore the District Magistrate of the district in which he is residing at the time.

                (2)  An  order of revocation passed under the provisions of sub-section (1)  shall specify the date with effect from which the licence shall cease to be  in force, and shall be served , in such manner as the State Government  may  by rule prescribe, upon the person  whose licence has been revoked.  

                7. Released absconders who escape from supervision to be punishable.- (1)  If  any person escapes from the supervision  or  authority of a Government officer 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 licence has been revoked under the provisions of Section 6, fails, without lawful excuse , 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 or revocation , such person shall conviction by a magistrate be liable to serve the unexpired portion of his  original sentence and  shall also be punishable with imprisonment for a further term which may  extend  to two years or with fine not exceeding rupees two hundred, or with both.  

                (2)  An  offence punishable  under sub-section (1)  shall be deemed to be a cognizable offence within the meaning of clause (ƒ )  of sub- section (1) of Section 4 of the Code of Criminal Procedure, 1898  

                8. Power of Government to remit sentence.- (1)  The State Government  may remit the whole or a part of the sentence of a person  sentenced  to imprisonment for an offence under any Act, on such person entering  into a bond, with one or more sureties, in such amount and for such period as the State  Government may direct, to be of good behavior and to observe such conditions as to residence or otherwise as the State  Government  may impose.  

                (2)   The  provisions of Sections  126,  126A , 514, 514A , 514-B  and 515 of the Code of Criminal Procedure, 1898 shall, so far as they may be, apply in the case of sureties offered and bonds given under this  Section as if they had been  offered and given under  Chapter VIII of  the said Code:

                Provided that if any person,  required under Section 126-A  or 514-A of the said  Code to furnish fresh security, fails to furnish the same , the State Government may cancel  the order passed under sub –section (1)  and order that  such person shall serve the whole or so much of his unexpired sentence as the State Government may direct.

                (3)  If any person released under sub- section  (1)  fails to observe  the conditions of his bond, the State Government may direct that he be re- arrested and sent to prison to serve the whole or such part of his unexpired sentence as it may direct, in addition to any proceedings that may be taken  against him  of surety or sureties in respect of such bond under the said Code .

                9.  Power to make  rules. _  The  State Government – may make  rules consistent with this  Act-

(1) for the form and conditions of licenses on which prisoners may be released: 

(2) for the appointment of Government officer, the recognition of institutions and societies referred to in Section 2 : 

(3)  for defining the powers and duties of Government officers, institutions or persons, under whose authority or supervisions, conditions all released prisoners may be kept;

(4) for defining the classes of offenders who may be conditionally released, add the periods of imprisonment after which they may be so released;  

(5)  for prescribing the manner in which an order of revocation of a licence shall be served on the person whose licence is revoked;

(6) generally for carrying into effect all the purposes of this Act.