Jammu and Kashmir Probation of Offenders Act, 1966

No: 37 Dated: Oct, 28 1966

THE JAMMU AND KASHMIR PROBATION OF OFFENDERS ACT, 1966

(Act No. XXXVII of 1966)

    An Act to provide for the release of offenders on probation or after due admonitions and for matters connected therewith.

Be it enacted by the Jammu and Kashmir State Legislature in the Seventeenth Year of the Republic of India as follows

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Probation of Offenders Act, 1966.

(2) It extends to the whole of the State.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint, and different dates may be appointed for different parts of the State.]

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Code" means the Code of Criminal Procedure, Svt. 1989;

(b) "Probation Officer" means an officer appointed to be a Probation Officer or recognised as such under section 13;

(c) "prescribed" means prescribed by rules made under this Act;

(d) Words and expression used but not defined in this Act and defined in the Code of Criminal procedure, Svt. 1989, shall have the meanings respectively as signed to them in that Code.

3. Power of Court to release certain offenders after admonition. - When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of Jammu and Kashmir State Ranbir Penal Code Svt. 1989 or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Jammu and Kashmir State Ranbir Penal Code, Svt, 1989 or any other law, and no previous conviction is proved against him, and the Court by which the person is found guilty is of opinion that, having regard to the circumstance of the case including the nature of the offence and the character of the offender it is expedient so to do, then notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him after due admonition.

Explanation. - For the purposes of this section, previous conviction against a person shall include any previous order made against him under this section or section 4.