Chhattisgarh act 015 of 1954 : The Chhattisgarh Prisoners release on probation Act, 1954

CHAPTER V] JAIL.MANUAL

SECUONW -

THE MADHYA PRADESH PRISONERS' RELEASE ON PROBA:rJON ACT, 1954

Act No. 15 of 1954

An Act to provide f ot' the release of certain prisoners on conditions imposed by the Madhya Pradesh Government

CONTENTS :

Sections :-

1. Title, extent and comm~ncement.

2. Power of-Government to release by licence on condi- tions imposed by it.

3. Petiod for VflJ.ich licence is to be in force. ·

4. Petiod of release to be reckoned as imprisonment for computing period of sentence served.

5. Form of licence.

6. Power to revoke licence.

7. Released abseonder who escapes from supervision to be punishable.

8, Power of Government to remit sentence.

9. Power to make rules.

10. Repeal.

415

416 JAIL MANUAL [ CHAPTER V

TIIE MADHYA PRADESH PRISONERS' RELEASE ON

PROBATION ACT, 1954

*Act No. 15 of-1954 An Act to P.~vide for the release of , certain prisoIJers

on condJttons imposed by the (Madhya Pradesh) Government ·

Be it enacted as follows :-

Title, extent and 1. (1) This Act may be called 'The Madhya Pradesh commencement. Prisoners' Release on Probation A~t, 1954". ~ '

Power of Govern- ment to release by licence on condi tionsimpos::d by it. t(2) It extends to the \\-hole of Madhya Prad_esh. ~

(3) It shall be in force in all such areas of .Madb}a 'Pradesh in which it was in force immediately before the .conut)ence- ment of the Madh)'a Pradesh Secord Extension of Laws Act, 1961 ( 40 of 1961 ), and shall come into force in othe.r areas on such date as the State 'Government may, by. notification appoint.

2. NDtwithstandif'g anythirg contained in sectior 401 of the Code of Criminal Procedure, 1898. where a perS 1~ment to "Madhya Bharat Gazette" Extrao1dinary, dated the 13th February 1954. For proce- dings in Assembly, see Madhya Bharat Legislative Assembly Proceedings dated the 26th February 1954. Pages 90 to 98.

*The Act was extended to the whole of Madhya Pradesh by section 3 (I) of the Madhya Pradesh Se.cond Extension of Laws Act, 1961 (40

of 1961) vide item 11 of Part B of the First Schedule to the said Act. The said Act came into force with effect from 1st February 1962, vide Government of Madhya Pradesh, La,v Department Notificaion No. 3191-

XXI/A (Dr.), dated the 25th January , 1962, published on page 27 of the "Madhya Pradesh Gazette", extraordinary, dated the 27 January,

1962.

tSubstituted by the Madhya Pradesh Second Extension of Laws Act,

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CHAP'J'Elt V ) JAIL MANUAL

lbplanatloa.-Thc- · expression "Sentence of imprism. ment" in this section shall include imorisonment in default of payment of fine and imprisonment ·for failure to furnish secutity under Chapter 8 of the Code of CriminalPtoceduTc.

3. A licence gtantcd · under the provisions of section 2 shall be in force until the date on which the peTson released

womd in the execution of the order of warrant authorising his imprisonment have been discharged from prison had he not been released on licence, or until the licence is revoked, whichever is earlier.

4. 'lhe period durin& which a person is absent from prison under the orovisions of this Act on a licence.' which is in force shall b~ reckoned as part of the period of imprison .. rnent to which he was sentenced, for the purpose of computing the period of his sentence and for the purpose of comput- ing the amount of remission of sentence "'hich might be awarded to him under any rules in force relating to such remissions.

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

417

Period for whiell

Jicence is to be in force.

Period of release to be reckoned as imprisonment. for computing period of sentence served. Form of licence.

6. (1) The Government ma" at -any time for reasons to J Power to revoke

be recorded in writing re\oke a licence grar..ted under the licence . provisions of section 2 :

Provided that no licence shail be revoked on the ground of a breach of a concl ition of the licence witliout giving an opportun.ity to the person concerned to present his case before the District Magistrate of the District in which he is residing at the time.

(2) An order of revocation passed. under the provision of sub.section (1) shall specify the date with effect from which the

licence shall cease to bein force, and shall be served in such . manner as the Government may by rule prescribe, upon the person ?those licence has been revoked.

7. (1) Ifany person escapes from the supervision orautho .. rjty _of a Government Officer or Institution or Societ)' oT per .. son tn whose charge he has been plr,iced under the provisions of section 2, or if any person whose licence has been revoked under the provisions of section 6, fails without lawful excu:,e the burden of proving which shall be upon him, Released abs-

conder who escapes

from supervision to

be punishable.

3

418

Power of Govern- ment to remit sentence.

JAIL MANUAL [ CHAPl'ER V to return to the prison from which h'e was release with

fine not exceed ir g Rs. 200 or with both. -

(2) An · offence puni~hable under sub-section (1) shall be deemed to be a cognizable_ offence within tbe meaning of clause (f) of *[sub section (1)] of section 4 of the "Code of Criminal Procedure, 1898."

.. 8. (1) '!·he Government may remit the whole or part of the sentence of a p~rson senten.ced to imprisor_ment for an ' Offence under any .(\ct, on &uch person enterirg into a bond -with one or more.suteties,in such amount and for such period as the Government may direct, to be of good behaviour·and to observe such condition as to residence o.r otherwise, as the Government may impose. ·

(2) The provisions of sections 126, 126-A, 514, 514-A, 514-B and 515 of the "Code of Crimi:r:al Procedure, 1898"

shall; so far as may be, apply in the case of sureties offered al'.d bonds given under this section as if they had been offered and given under Chapter VIII of the said Code : ·

Provi(.~ed that if any person required under section ' 126-A . or 514-A of the said Code to furnish fresh securities, fails to furnish the same, the Government may cancel the order passed urder sub-section (1) and crder that such person shall ~erve

. the whole or so _much of his unexpired sentence as the, __ Govern- ment may direct.

(3) If any person released· ur:der sub-section (1) fai~s to observe the corditions of his bond, the Government may direct that he be re-arrested and sent to prison to serve the v~hole ~r such pc.rt of his unexpired sentence as it may ~irect? 1n add~~ tion to any proceedirgs that may be taken agaii:st \n~ or his surety or sureties in respect ~f such bor.d under the S3.1d Cede. Power

rules.

9. The Government may make rules consistent with this to make _A<:t :-

(1) for~heform and cocditionsoflicence on which pri- soners may be released ; .

* Substituted for "Sub-Section (i)" by the Madh~a· Pradesh Se.cond

Extension of Laws Act, 1961 (40 of 1961).

CHAPTER V] JAIL MANUAL

(2) for the appointment of Government Officer, the re-:-

cognition -0f lnstitutior, Societies and persons referred to in section 2 ;

(3) for defining the powers and duties of Government Officer, Institutions, or persons, under . whose authority or supervision 'conclitionally released

prisoners may be kept ;

(4) ,for defi'1ing _the classes 0f ·offenders who may be conditjonall)' released, and, the periods of imprison- ment after which they ma)' be so released ;

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

(6) fur delegation o~ all or any of its powers to any officer or person authorised in this behalf ; _ (7) g~nerally for carrying into eff~ct all the purposes of .this Act.

10. On the ·enforcement of this Act the Madhya Bharat Repeal. Prisoner's Release on Probation Act, Samvat 2008, and all laws, rules, regulations and other provisiocs havirg the force of law relating to the release of prisoners on probation, in force in. .Madhya Bharat, shall stand repealed :

Provided that all actfons taken or orders given µnder them shall be deemed to have been taken or given, 2s the case may be under this Act. . .

, .

· 419

5

Short Title. Definitions. Classes

prisoners not b c released. JAlL· MANUAL . ( CHApTEJt V { Madhya Pradesh Jail Department Notification No.

• 2314-1294-m-:JaU, datccl 23-9-19641 ,

Rules

1. These Rules may be called the Madhya Pradesh

1'fit0ner's Release GD Probation R.wes, 19'4.

2. In these Rules, unless the context otherwise requires:-

(1) "Act" means the Madhya Pradesh 'Prisoner's Release on Probation Act, 1954 ;

(2) "Board" means the Board constituted undet sub- rule (5) of rule 6 ;

(3) "Fot:ril '' means a form appended to these rules:-

(4) ''Guardian" means a Probation Officer appointed by the Government or such other Government Officer who may be appointed for the purpose or a per- son professing the same religion as the prisoner, or a secular institutions, or a society belongiug to the same religion as the prisoner, under whose soperVision or authority the . prisoner released under section 2 of the Act is placed by the Government;

(5) "Superintendent'' means thr- Superintendent of a prison in which the convict to be released under the Act is confined.

of 3. The following classes of orisoners shall not be to released under Act : ~

(a) Those convicted of offences under the Madhya Bharat Vagrants, Habitual Offenders and Crimi- nals (Restrictions and Settlement) Act, 1952, or any law in force in any region of the State corres- ponding to the said Act, or the Bxplosive Subs- _ tances Act, 1908 or under the following Chapters or sections of the Indian Penal Code, Chapters V-A, VJ and VII and section 216-A, 224 and 225 (if it is a case of an escape from a jail), 231, 232, 303, 311, 328, 361, 376, 382, 386 to 389, 392 t 0 402, 413, 459, 460 and 489-A" ;

(b) Those convicted under section 7 of the Act ot who are serving the unexpired sentence under sub- section (3) of section 8 of the Act, or whose licence has been pte\ iously revoked on account of the breach of the conditions of the licence ;

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CHAPTER V ] JAIL MANUAL

(c) Those whose applications for release, other than an application for remission of ser.tccce un.iu section 8, were on a previous occasion rejected b) the Government;

(d) Those convicted by a Court Martial;

(e) Those wtose aoplic~ticrs fer temporary release under section 3i:A of the prisoner's Act, 1900 or l'.Ules thereur:der have been rejected; (f'\ Those \\-ho have been prosecuted ar.cl convicttd for the breach of the rules under section 31 A of the Prisoner's Act, 1900.

Ex:planation.-The rule in clause (c¹precludes a convict from himself applying a seco.nd time for release undet section 2 of the Act, but the Government may dire ct the Inspector-Generi>.l of Prisors to place any case, which has altea'C\y been once rejected, for reconsideration b'efore the Board.

421

4. Save the prisoners specified in rule 3 any other pt is oner Eligibility for who bas served ore third of his sentence of imprisonment or a release. total period of five years with remissions, whicr.ever is less may be released by the Government on licence. ,

5. For the purposes of these Rules the following principles Computation of shall be observed in computing the period of sentence of sentence. imprisonment, namely :-:-

(a) When a prisoner has been sentenced to several terms of imprisonment for several offences ar.d the sen- tences of imprisonment baye been ordered to run concurrently, the lor,g:!st sin~le sentence wbich the prisoner is un:lergoing shall be deemec to be the term of his imprisonment;

(b) When a prisoner has been sentenced to several terms of -im~dsonment for several vffences acd the sentences of imprisonment have been ordered to run consecutively, the total .p.!riod which the prisorer has to undergo ,shaU be .deemed to be 1he term of his imprisonment;

(c,i- Rcmiss.ior,.s .2lre2cy eart1el! 'by th~ ·pdsot.er ·shall be

•tounte

14

m~ "'Ii. ti:tfi. 1 :.:- 1- s 7-ITTrr-i~ fif-lt"1 1 2 ~5 1 n 9--lft1.{>rW faiii.J~ f"v-lr:;r 3f1" !-TT 1 s ij'{ 1 9 s 4) lfiT mu 9 [ru

1 ~~ 11Tf.rnm lfir'_ '5fll1'1J' i'f i ~ g~ W l:f ~H1fiR ~. 1U:iitffl ir,qf

qfHTe-TMil ~~lllil;,' f;;~ll, 19 6 -1 i:f f;:r;;r~1f11Jil ~~TU,{ ~~liT ~. 3NTq :-- - :· ' ' i ! f

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. f\· · ~ r-mr:i1 if,_- ' · ::·

8

422

Procedure. JAIL MANUAL r CHAPTER V

(d) Sentence of transportation for life or of imprisonmer..t for life shall be reckoned as twenty yea~s.

Ex:planation.-The e:i;pression "sc1:tence of imprison- ment" in these Rules shall include imp,;isonmen1 in default of the payment of fine ar.d imprison- ment for failure to futnish security under Cha-pter Vlll of the .Code of Criminal Proce- dure, 1898. ·

6. (1) Any prisoner eligible f~r release under these rules may make an application in Form A to the -Superin- tendent. S1¹ch form shall be orirted at the cost of the Go,er- nment and su!)plied free of charge to prisonsers, to their relative and to persons offerirg themselves as their guardians.

(2) On the receipt of the application the Superir.ter.dent shall examine the application. to see if the -prisoner and his proposed guardian have duly filled in the·· columns of the ?P~lication, meant to be filled in by them. If the application ts m order, the Suprentendent shall entertain it ard cause it to be entered in a register maintained in Form B. If the prisoner is in eligible under rule 3 he shall rejectthe appli- cation and inform the prisoner of his order. If the -pdson- ner is eligible for release u, der rule 4 he shall fill in the columns in tr_e a-pplication meant to be filled in by him and forward the same as .soon as may be, to the District Magistrate of the district in which the prisoner was convi- cted. If the application is not in order~ th_e Superir..ten- dent shall return it to the prisoner for necessary correction or supply ir.g the omissior:s.

{3) On receipt 0f an a!)plication ur der sub-rule (2) the District Magistrate shall immediately consult the Superir..- terder:t of Police ar.d tbe Probation Officers, where o:r;e is appointed ar.d, if necesszry, the Di!'trict Mfgistrate of t~e district in '"'hich the prisoner ordinarily resides and on rece1p1 of their reports ftllin the entries meant to be filled in b)' him and shall ,without delay, forward the same to the Inspector- General of Prisons, Madhya Pradesh. ·

(4) The District Magistrate shall mair. t2.in a register. in .Form C in which all applications received from the Supenn- tendent ur ... der sub-rule (2) shall be duly entered.

(5) The aPplications received from the Districts h) the

Inspector-General of Ptisons shall be considered by_ a Board

consisting of the Home Secretary to _the Gov~mJJ;1ent of

CHAPTER V ] JAIL MANUAL _ Madhya pradesh in the Home Department 01 any other officer emPow~red in this behalf by the Government, the Inspector-General of Prisons, Madhya Pradesh or the · Deputy.Impector General of Prisons as the case may be,and a non-official member to be. appointed bv the Government. Meeting of the Board shall be held . ordinarily once ever~ mo::ith to make necessary recommendations.. The Secretary to the Government in the Home Department or any other officer empowered in this behalf by the Government shall be the Chairman of the Board. A non-official member shall unless the State Government terminates his appointment earlier hold office for a term of three years.

(6) Tbe Government shall, on the receir, t of recommenda- /e ~oard, pass such orders as it may deem proper.

7. A prisoner, whose release on licence is sanctioned by Licence. the Government, shall be granted a licence in form D. Three copies of such licence shall be prepared for each prisoner. One shall be retained bv the Government another shall be sent to the Superintendent for delivery to the guardian of the prisoner and the third shall be forwarded to the District Magistrate for information.

8. As soen as the Superintendent receives the orders of the Government he shall communicate the same to the urisoner concerned and in the case of an order of release shall, through the District Magistrate inform the guardian also of the order and call upon him to present himself to take charge of the prisoner. On the guardian presentir:g himself, the Superin- tendent shall deliver to him the copy of the licence r-eceived ·· from the Government, and place the prisoner in his charge and take his signature in the Register in Form B in token . of his h~ving taken char6e of the prisoner.

Information

the prisoner

guardian.

423

to and

9. (1) It shall be the duty of the guardian to see that the conditions of the licence are fulfilled. He shall look after the

. conduct and wdfare of the licensee and generally act in LOCO

PARENTIS. If the licensee's conduct is found to be bad it shall be the dutJ of the guardian to report -the fact to the District Magistrate.

Guardim's Duty.

(2) In dealirg with the licensee the guardian, when be is a Probation Officer appointed by the Government, shall be governed by the rules, if any, framed by the Goveri1ment:for the guidance of Probation Officer. · ·

10

424

Revocation, JAIL_ MANUAL [ CHAPTER V

(3) If on enquiry by the District .Magistrate it is found that the guardian has failed in his duties and does not generally act in LOCO PARENTIS the District Magistrate ma} propose to the Government a new guardian whose name may be sub- stituted in the licence after making necessary enquiries about his fitness to act as such. B~fore the old guardian is replaced by a new one the District Magistrate shall-cause-a notice to be served on the guardian to show cause as to Wh} he should not be replea•.:ed. If the guardian presents himself then after hearil:g him and if he does uot ,present himself, then without hearing him, the District Magistrate shall consider and decide 'hhether or not to recommend to the Governmenl for the repla- cement of the g,uardian and shall act according,ly.

10. (1) The District Magistrate on recf.i\iq; infor- mation from the guardian or any other source, of the brea- ch by t b.e licen see of the c01:ditior.s cf the liceLce, shall cause a cotice to be se::ved on the licensee to show cause why his licence should not be revoked. If the licensee vre- sents himself in respocse to the notice, theD, after teariI:g him and, if he does not present himself, then without hearing him, the District Magistrate shall consider ax:d decide whether er r:ot to reccmmend to the Government for the revocation of the prisoner's licence and shall act ~ccord ingly.

(2) In case the District Magistrate decides to recommend the revocation of tte licence: he may, at the iame time, if he considers th.at t}:e licensee is unfit to be allowed to remain at large under the licence, order J, is 2-rrest and detention in the prison per ding the receipt of the orders of the Govenr- ment.

(3) The Government shall on receipt of the District Magistrate's recommendation pass such orders as it may deem prope_r.

( 4) An order of revocation of licen~e shall be in 'Form E and shall be served upon the licensee if detained in prison by the Superit\ter.dcnt, and if not det2it:ed in pri~on by tlie officer ir.-charge of police station.

(5) The order of reVOl:ation shall be noted on the licence and in the registers maintair:ed by the District Mr.gistrate and the Superinterdent. ·

. (6) If a prisoner ~ele~sed on_li~nce u~~fr ~c Act e~pes f):~ the su2_ervjsioh or authori~y- qf a guaro~an o~ fail~ to re_tur1:1, t9._pri~n. onp~'!'._oqiti~n_of. ·:hi~ _ \ic~5c~, . the guard~ shall immediate})' inform . the Dist'l'ict Magistrate rr.d the

CHAP'IU V ] JAIL MANUAL · Superintendent a:~d repori- to tlce nearest police station, and action shall be taken against the orisoner as in a cognizable case. . -

11. On the release of a prisor;.er ucder the Act, the Supe- rintendent shall retain the warrant under which the priso- n.er was c:,mmitted to prison by the court w!-iich sentenctd him until the p'!~iod of bis sentence with remissions, if any, eatned by him during the period of his confinement in jail, has expired. The period dt\ring which a prisor.er is ab- sent from 'prison under the provisions of the A.ct otJ. a licence -which is in force shall be reckoned as part of the period of of imprisonment to which he was sentenced for the p~rpose of computing the pericd of his sentence. When tl-e con.Viet released . on ·licence has finished the sentence, tl:e Superii:-

tendent shll return the warrant or \1/arrrnts to th,e court which issued it or them.

12. On the expiry of the period of licence otherwise than b) revocation the ·guardian shall forthwith inform the licensee trat he is absolved from the observation of Condi- tions of the licence, shall make a note to t~e effect on the I icence and shall return it to the Superintrndent. 13· When a prisoner released on licence under the Act haJ'.'t)Cns to be a police registered ccnvict the Superin- tendent of the Prisco shall inform the SunerinteDnent cf Police of tre 'istrict of which such convict is resident of his release on lice11 ce together with the name and address of the guardian and Shall at the same time, in.form him of the date on which the final release of the licensee is likely to take !)lace. On the final release of the prisoner the police regi- ster slip shall be forwarded to the Superintendent of Police.

426

CHAPTER V l JAIL MANUAL

428 JAIL MANUAL [ CHAPTER V

CHAPTER V ] JAIL ]#NUAL *l 1~ Cor.duct in Jail. ..................................... ......... . *12. Effect of imprisonment undergone ...................... . *13. Is the prisoner eligible in every way ? If not, the suuerintendent shall in his own hand record here