THE PROBATION OF OFFENDERS’ ORDINANCE, 1960: A Concise Overview

Introduction

· Jails are in miserable conditions

· Overcrowded by the inmates

· Probation ordinance provides opportunity for the petty offenses

· Conditional release to rehabilitate the offenders

· Unfortunately, limited awareness among the Pakistanis

· To keep the first offenders and offenders with petty offences away from the habitual criminals

Courts Empowered U/S 3

· A High Court;

· A Court of Sessions;

· A Magistrate of the 1st Class; and

· Any other magistrate especially empowered in this behalf.

Conditional Discharge U/S 4

· Power of courts

· A person not convicted before

· Commits an offence not exceeding imprisonment more than 2 years

· In accordance to age, character, social background and nature of offence

· Court may discharge him

· With conditions to enter into bound not to commit the crime in such period

· Period not exceeding one year

· Known as “Order of conditional Discharge”

· Court will explain the objective of discharge in simple language

Exemption to Place on Probation U/S 5

· Chapter VI of the Pakistan Penal Code (Act XLV of 1860)

o Offences against the State

1. Waging or attempting to wage a war against Pakistan
2. Abetment to wage war against the state
3. Conspiracy to commit offences punishable by section 121
4. Collecting arms with intention to wage war against Pakistan
5. Concealing with intent to facilitate design to wage war
6. A condemnation of the creation of the state and advocacy of abolition of its sovereignty
7. Unauthorizedly removing the national flag of Pakistan from the Government building
8. Assaulting president governor etc. with intention to compel or restrain the exercise of any lawful power
9. A sedation through speaking writing or any other act
10. Waging war against any power in alliance with Pakistan etc.

· Chapter VII of the Pakistan Penal Code (Act XLV of 1860)

o Offences related to Army, Navy and Air Force

Abetting mutiny
Or attempting to seduce a soldier, sailor or airman from his duty
Harboring deserter
Deserter concealed on board merchant vessel through negligence of master
Abatement of act of insubordination by soldier, sailor or airman
Wearing garb or carrying token used by soldier, sailor or airman etc.

· Section 216 A

o Penalty for harboring robbers or dacoits

· Section 328

1. Willful act harms or injures the child physically or mentally
2. Exposure or abandonment of child under twelve years by parent or person having care of it

Section 382

Theft after preparation made causing death, hurt or restraint in order to the commitment of theft

Section 386

Extortion by putting a person in fear of death or grievous hurt

Section 387

Putting a person in fear of death or grievous hurt in order to commit extortion

Section 388

Extortion by threat of accusation of an offence punishable with death or imprisonment for life etc.

Section 389

Putting a person in fear of accusation of offence in order to commit extortion

Section 392

Robbery

Section 393

Attempt to commit robbery

Section 397

Robbery or dacoity with attempt to cause death or grievous hurt

Section 398

Attempt to commit robbery or dacoity when armed with deadly weapons

Section 399

Making preparation to commit dacoity

Section 401

Punishment for belonging to gang of thieves

Section 402

Assembling for purpose of committing dacoity

Section 455

Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

Section 458

Lurking house-trespass or house breaking by night after preparation for hurt, assault or wrongful restraint

Or any other offence punishable with death sentence or life imprisonment

Power Of Court to Make a Probation Order in Certain Cases U/S 5

· Any male person is convicted of an offence not being an offender in the above-mentioned offences

· Any female person is convicted of any offence other than an offence punishable with death

· The court may make probation order in accordance to nature of offence and character of the offender

· Place him/her under the supervision of Probation Officer

· For a specified period

Period of Probation U/S 5

· Not less than one year

· Not more than three years

Bonds U/S 5

· Court shall not pass a probation order unless the offender enters into a bond

· With or without sureties

· He/she will not commit any offence during the probation period

· He/she will maintain good character

· Offender or one of his sureties has fixed place or regular occupation within its jurisdiction

· Likely to continue the same during the period of bond

· 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.

Costs and Compensation U/S 6

· A court may order the offender to pay such compensation or damages for loss or injury caused to any person by the offence

· The cost will be decided by the court

· The amount shall in no case exceed the amount of fine which the court might have imposed in respect of the offence

Failure To Observe Conditions of The Bond U/S 7

· If an offender fails to observe the conditions of the bond

· The court may issue a warrant for his arrest

· May issue summons to offender and his sureties

· The court may remand him to judicial custody until the case is heard

· If court satisfies that offender has failed to observe the conditions of bond

1. May either sentence him for the original offence
2. Or may impose upon him fine not exceeding one thousand rupees
3. If the fine is not paid, the court may sentence the offender for the original offence

Powers Of Court in Appeal and Revision U/S 8

· 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 Code

· 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 which might have been imposed by the court by which the offender was convicted.

Effects Of Discharge and Probation U/S 11

· Discharging the offender after the due admonition or conditionally or placing him on probation u/s 4 and 5

· Shall be deemed not to be a conviction for any purpose

Duties of a Probation Officer U/S 13

· In accordance to the Ordinance, a probation officer will perform the following duties.

· Will visit or receive visits from the offender at such reasonable intervals

· Will see that the offender observes the conditions of the bond

· Will report to the Officer-in-charge about the behavior of probationers

· Will advise, assist and befriend the offender

· Will find suitable employment for offenders

· Will perform any other duty which may be prescribed by the rules made under this Ordinance.