No: 8 Dated: Sep, 14 1938

Prisoners Release on Probation Act, 1938

-: ACT :-

1. Short title, extent and commencement.- (1) This Act may be called the United Provinces 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.
2. Power of Government to release by licence on conditions imposed by them.- Notwithstanding anything contained in [Section 401] of the Code of Criminal Procedure, 1898 (Act V of 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 this purpose, provided such other person, institution or society is willing to take charge of him.
Explanations.-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 (Act V of 1898)].
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.

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