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Published vide Notification No. 3436 (1)/6-1651 (7)-37, dated 17th December, 1938

R.1 Name

These rules may be called the Uttar Pradesh Prisoners' Release on Probation Rules, 1938.

R.2 Definitions

In these rules, unless there is anything repugnant in the subject or context,-

(1) "The Act" means the U.P. Prisoners' Release on Probation Act, 1938;

(2) "Guardian" means a Government officer or a person professing the same religion as the prisoner, or a secular institution, or a society belonging to the same religion as the prisoner under whose supervision or authority the prisoner released under Section 2 of the Act is placed by the State Government. A Pro

R.3 Ineligibility for release

[The following classes of prisoners shall not be released under the Act:

(a) Those convicted of offences under the following provisions of the Indian Penal Code, 1860:

Chapters V-A, VI and VII and Sections 216-A, 224 and 225 (if it is a case of escape from a jail), 231, 232, 303, 311, 328, 364, 376, 382, 386 to 389, 392 to 402, 413, 459, 460, 489-A and Section 511 of I.P.C. read with any of the aforesaid Sections;

[Prisoners sentenced to imprisonment for a period of one year or less under any Section of the Indian Penal Code or any other Act may be released on probation under Section 8 of the Act.]

R.4 Eligibility for release

[Any prisoner other than a prisoner specified in Rule 3, may be eligible for consideration by the State Government for release on licence,-

(i) if he is a prisoner to whom Section 433-A of the Code of Criminal Procedure, 1973 applies and has served imprisonment for a total period of fourteen years;

(ii) if he is a prisoner sentenced to imprisonment for life to whom Section 433-A of the Code of Criminal Procedure, 1973 does not apply and has served imprisonment for a tota

R.5 Computation of sentence

For the purposes of these rules, the following principles shall be observed in computing the period of sentence of imprisonment, namely :

(a) When a prisoner has been sentenced to several terms of imprisonment for several offences and the sentences of imprisonment have been ordered to run concurrently, then the longest single sentence which the prisoner is undergoing shall be deemed to be the term of his imprisonment;

[(1) Any prisoner eligible for release under Section 2 of the Act may make an application in Form-A to the Superintendent. Such Forms shall be printed at the cost of the Government and supplied free of charge to prisoners, to their relatives and to persons offering themselves as their guardians.]

(2) On the receipt of the application, the Superintendent shall examine the application to see i

R.7 Licence

A prisoner whose release on licence is sanctioned by the State Government shall be granted a licence in Form D. Three copies of such a licence shall be prepared for each prisoner. One shall be retained by 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.

R.8 Information to the prisoner and guardian

As soon as the Superintendent receives the orders of the Government, he shall communicate the same to the prisoner and the District Magistrate 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 presenting himself, the Superintendent shall deliver to him the copy of the licence received from the State Government, hand over to him the prisoner and take his signature in the register (Form B) in token of his having taken charge of the prisoner.

R.9 Guardians duty

(a) 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 welfare of the licensee and generally act in loco parentis. If the licensee's conduct is found to be bad, it shall be the duty of the guardian to report the fact to the District Magistrate.

(b) In dealing with the licensee the guardian, when he is a Probation Officer appointed by the Uttar Pradesh Apradh Nirodhak Samiti, will be governed by any rules f

R.10 .

(1) The District Magistrate, on receiving information from the guardian or any other source, of the breach by the licensee of the conditions of the licence, shall cause a notice to be served on the licensee to show cause why his licence should not be revoked. If the licensee presents himself in response to the notice, then, after hearing him personally and, if he does not present himself, then without hearing him, the District Magistrate shall consider whether or not to recommend to the State Government for the revocation of the prisoner's licence a

R.11 Warrant of commitment

On the release of a prisoner under the Act, the Superintendent shall retain the warrant under which the prisoner was committed to prison by the court which sentenced him until the period of his sentence with remissions, if any, earned by him during the period of his confinement in jail, has expired. The period during which a prisoner is absent from 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 sent

R.12 Final release

On the expiry of the period of licence otherwise than by revocation, the guardian shall forthwith inform the licensee that he is absolved from the observation of conditions of the licence, shall make a note to that effect on the licence and shall return it to the Superintendent.

R.13 Police registered convicts

When a prisoner released on licence under the Act happens to be a police registered convict, the Superintendent of the prison shall inform the Superintendent of Police of the district of which such convict is a resident of his release on licence together with the name and address of the guardian and shall, at the same time, inform him of the date on which the final release of the licence is likely to take place. On the final release of the prisoner the police register slip shall be forwarded to the Superintendent of Police.

R.14 Guardian

(1) In each case the District Magistrate shall determine whether or not the proposed guardian is fit to act as such having regard to his status, antecedents and the degree of control that he may exercise on the prisoner and inform the State Government of his opinion.

(2) Parents or relatives of a prisoner may be appointed guardians if the District Magistrate is satisfied that they are fit to act as such guardians.

(3) An officer of a prison shall

R.15 Remission of sentence

(1) An application for remission of sentence under Section 8 of the Act shall be made by the prisoner or by the person offering himself as his surety to the District Magistrate of the district in which he was convicted or where he was convicted in more than one district then to the District Magistrate of any such district.

(2) The District Magistrate shall, on a consideration of the antecedents of the prisoner, his conduct in jail and his environments and after consulting Probation Officer where on

Form.A .

Form A

[To be supplied to a prisoner, his relative (or his) guardian free of charge].

Application by the prisoner to the Superintendent of Prison for release under Section 2 of the United Provinces Prisoners' Release on Probation Act, 1938 (VIII of 1938).

Form B

[See Rule 6 (2)]

Jail register of applications for release under the United Provinces Prisoners' Release on Probation Act, 1938

Form C

[See Rule 6 (4)]

Register of applications for release under the United Provinces Prisoners' Release on Probation Act to be maintained in the office of the District Magistrate.

Form D

[See Rule 7]

Licence of conditional release under Section 2 of the U. P. Prisoner's Release on Probation Act, 1938.

In exercise of the powers conferred by Section 2 of the U. P. Prisoners' Release on Probation Act, 1938, the State Government is pleased subject to the observance of the conditions hereinafter set forth to grant and direct the rel

Form.E .

Form E

[See Rule 10 (4)]

Order of revocation of licence under Section 6 of the U. P. Prisoners' Release on Probation Act, 1938

Whereas................a licensee released under Section 2 of the U.P. Prisoners' Release on Probation Act, 1938 has committed a breach of condition No............. of his licence, dated by..........