Ordinance XLV of 1960 · 7 pages
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Updated till 17.04.2023
THE PROBATION OF OFFENDERS ORDINANCE, 1960
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Courts empowered under the Ordinance
4. Conditional discharges, etc.
5. Power of Court to make a probation order in certain cases.
6. Order for payment of costs and compensation.
7. Failure to observe conditions of the bond.
8. Powers of Court in appeal and revision.
9. Provisions of the Code to apply to sureties and bond.
10. Variation of conditions of probation.
11. Effects of discharge and probation.
12. Appointment of probation officers.
13. Duties of a probation officer.
14. Power to make rules.
15. [Omitted].
16. [Omitted].
17. Provisions of this Ordinance to be in addition to and not in derogation of certain laws.
THE PROBATION OF OFFENDERS ORDINANCE, 1960
ORDINANCE NO. XLV OF 1960
[1st November, 1960]
AN
ORDINANCE
to provide for the release on probation of offenders in certain cases
WHEREAS it is expedient to provide for the release on probation of offenders in certain cases
and for matters incidental thereto;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958,
and in exercise of all powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:___
1. Short title, extent and commencement.__ (1) This Ordinance may be called the Probation
of Offenders Ordinance, 1960.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such date1 or dates as the 2[Federal Government] may, by
notification in the official Gazette, appoint, and different dates may be appointed for different areas.
2. Definitions.__ In this Ordinance, unless there is anything repugnant in the subject or context:__
(a) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898) ;
(b) “Court” means a court empowered to exercise powers under this Ordinance;
(c) “Officer-in-charge” means the head of the Probation Department ;
(d) “probation officer” means a person appointed as such under section 12 ;
(e) “probation order” means an order made under section 5 ;
(f) “Probation Department” means the department responsible for the
administration of this Ordinance ;
(g) all other words and expressions used but not defined in this Ordinance and
defined in the Code shall have the same meaning as assigned to them in the
Code.
3. Courts empowered under the Ordinance.__ (1) The following courts shall be the courts
empowered to exercise powers under this Ordinance, namely:__
(a) a High Court ;
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1
The Ordinance shall come into force in:__
(i) West Pakistan with effect from the 1st July 1961, see Gaz. of P. 1961.Ext., p.957, and.
(ii) The Provisions of this Ordinance have been applied to the whole of the Tribal Areas of Baluchistan Regulation No.II of 1972.s.2.
2
Subs. by F.O.A. 1975, Art.2 and Table, for “Central Government”.
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(b) a Court of Sessions ;
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(c) [* * * * * * *]
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(d) [* * * * * * *]
(e) a Magistrate of the 1st Class ; and
(f ) any other magistrate specially empowered in this behalf.
(2) A Court may exercise powers under this Ordinance, whether the case comes before it for
original hearing or on appeal or in revision.
(3) Where any offender is convicted by a Magistrate not empowered to exercise powers under
this Ordinance, and such Magistrate is of opinion that the powers conferred by section 4 or section
5 should be exercised, he shall record his opinion to that effect and submit the proceedings to a
Magistrate of the 1st Class 1[*****] forwarding the offender to him, or taking bail for appearance
before him, and such Magistrate may thereupon pass such sentence or make such order as he might
have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or
additional evidence on any point to be necessary, he may make such inquiry or take such evidence
himself or direct such inquiry or evidence to be made or taken.
4. Conditional discharges, etc.__ (1) Where a court by which a person, not proved to have
been previously convicted, is convicted of an offence punishable with imprisonment for not more
than two years is of opinion, having regard to :__
(a) the age, character, antecedents or physical or mental condition of the offender,
and
(b) the nature of the offence or any extenuating circumstances attending the
commission of the offence,
that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court
may, after recording its reasons in writing, make an order discharging him after due admonition, or,
if the court thinks fit, it may likewise make an order discharging him subject to the condition that he
enters into a bond, with or without sureties, for committing no offence and being of good behaviour
during such period not exceeding one year from the date of the order as may be specified therein.
(2) An order discharging a person subject to such condition as aforesaid is hereafter in this
Ordinance referred to as “an order for conditional discharge”, and the period specified in any such
order as “the period of conditional discharge”.
(3) Before making an order for conditional discharge, the court shall explain to the offender
in ordinary language that if he commits any offence or does not remain of good behaviour during the
period of conditional discharge he will be liable to be sentenced for the original offence.
(4) Where a person conditionally discharged under this section is sentenced for the offence in
respect of which the order for conditional discharge was made, that order shall cease to have effect.
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1
Omitted by Ord. XLVI of 2002, s.2.
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5. Power of Court to make a probation order in certain cases.__ (1) Where a Court by
___
which
(a) any male person is convicted of an offence not being an offence under Chapter
VI or Chapter VII of the Pakistan Penal Code (Act XLV of 1860), or under
sections 216A, 328, 382, 386, 387,388, 389, 392, 393, 397, 398, 399, 401,
402, 455, or 458 of that Code, or an offence punishable with death or
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[imprisonment] for life, or
(b) any female person is convicted of any offence other than an offence
punishable with death,
is of opinion that, having regard to the circumstances including the nature of the offence and the
character of the offender, it is expedient to do so, the Court may, for reasons to be recorded in
writing, instead of sentencing the person at once, make a probation order, that is to say, an order
requiring him or her to be under the supervision of a probation officer for such period, not being less
than one year or more than three years, as may be specified in the order:
Provided that the Court shall not pass a probation order unless the offender enters into a
bond, with or without sureties, to commit no offence and to keep the peace and be of good
behaviour during the period of the bond and to appear and receive sentence if called upon to do so
during that period:
Provided further that the Court shall not pass a probation order under this section unless it is
satisfied that the offender or one of his sureties, if any, has a fixed place of abode or a regular
occupation within the local limits of its jurisdiction and is likely to continue in such place of abode or
such occupation, during the period of the bond.
(2) While making a probation order, the Court may also direct that the bond shall contain
such conditions as in the opinion of the Court may be necessary for securing supervision of the
offender by the probation officer and also such additional conditions with respect to residence,
environment, abstention from intoxicants and any other matter which the court may, having regard to
the particular circumstances of the case, consider necessary for preventing a repetition of the same
offence or a commission of other offences by the offender and for rehabilitating him as an honest,
industrious and law-abiding citizen.
(3) 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.
6. Order for payment of costs and compensation.__ (1) A court directing the discharge of
an offender under section 4 or making a probation order under section 5 may order the offender to
pay such compensation or damages for loss or injury caused to any person by the offence and such
costs of the proceedings as the court thinks reasonable :
Provided that the amount of compensation, damages and costs so awarded shall in no case
exceed the amount of fine which the court might have imposed in respect of the offence.
(2) At the time of awarding compensation or damages in any subsequent civil suit or
proceeding relating to the same offence, the court hearing such suit or proceeding shall take into
account any sum paid or recovered as compensation, damages or costs under sub-section (1).
(3) The amount ordered to be paid under sub-section (1) may be recovered as fine in
accordance with the provisions of section 386 and 387 of the Code.
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1
Subs by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981),s.3 and II Sch., for “transportation”.
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7. Failure to observe conditions of the bond.__ (1) If the court by which an offender is
bound by a bond under section 5 has reason to believe that the offender has failed to observe any of
the conditions of his bound, it may issue a warrant for his arrest or may, if it thinks fit, issue
summons to the offender and his sureties, if any, requiring them to appear before it at such time as
may be specified in the summons.
(2) The court before which an offender is brought or appears under subsection (1) may either
remand him to judicial custody until the case is heard or admit him to bail, with or without sureties,
to appear on the date of hearing.
(3) If the court, after hearing the case, is satisfied that the offender has failed to observe any
of the conditions of his bond, including any conditions which may have been imposed under sub-
section (2) of section 5, it may forthwith__
(a) sentence him for the original offence, or
(b) without prejudice to the continuance in force of the bond, impose upon him a
fine not exceeding one thousand rupees:
Provided that the court imposing the fine shall take into account the amount of compensation,
damages or costs ordered to be paid under section 6.
(4) If a fine imposed under clause (b) of sub-section (3) is not paid within such period as the
court may fix, the court may sentence the offender for the original offence.
8. Powers of court in appeal and revision.__ When 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.
9. Provisions of the Code to apply to sureties and bond.__ The provisions of sections 122,
406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, apply in the case of sureties and
bonds taken under this Ordinance.
10. Variation of conditions of probation.__ (1) The court by which a probation order is
made under section 5 may at any time, on the application of the person under probation or of the
probation officer or of its own motion, if it thinks it expedient to vary the bond taken under that
section, summon the person under probation to appear before it, and, after giving him a reasonable
opportunity of showing cause why the bond should not be varied, vary the bond by extending or
reducing the duration thereof or by altering any other of its terms and conditions or by inserting
additional conditions therein :
Provided that in no case shall the duration of the bond be less than one year or more than
three years from the date of the original order:
Provided further that where the bond is with surety or sureties, no variation shall be made in
the bond without the consent of the surety or sureties; and if the surety or sureties do not consent to
the variation, the court shall require the person under probation to execute a fresh bond, with or
without sureties.
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(2) Any such court as aforesaid may, on the application of any person under probation or of
the probation officer or of its own, motion if satisfied that the conduct of the person under probation
has been satisfactory as to render it unnecessary to keep him under supervision, discharge the
probation order and the bond.
11. Effects of discharge and probation.__ (1) A conviction of an offence, for which an order
is made under section 4 or section 5 for discharging the offender after the due admonition or
conditionally or placing him on probation, shall be deemed not to be a conviction for any purpose
other than the purposes of the proceedings in which the order is made and of any subsequent
proceedings which may be taken against the offender under the provisions of this Ordinance:
Provided that where an offender, being not less than eighteen years of age at the time of his
conviction of an offence for which an order discharging him conditionally or placing him on
probation is made, is subsequently sentenced under this Ordinance for that offence, the provisions of
this sub-section shall cease to apply to the conviction.
(2) Without prejudice to the foregoing provisions of this section, the conviction of an
offender who is discharged after due admonition or conditionally, or who is placed on probation,
shall in any event be disregarded for the purposes of any law which imposes any disqualification or
disability upon convicted persons, or authorizes or requires the imposition of any such
disqualification or disability.
(3) The foregoing provisions of this section shall not affect___
(a) any right of any such offender to appeal against his conviction, or to rely
thereon in bar of any subsequent proceedings for the same offence;
(b) the revesting or restoration of any property in consequence of the conviction
of any such offender.
12. Appointment of probation officers.__ (1) A probation officer referred to in a probation
order may be any person appointed to be probation officer by the Officer-in-charge.
(2) A probation officer referred to in sub-section (1) shall be a person who shall possess such
qualifications as may be prescribed by rules made in this behalf under this Ordinance.
(3) A probation officer, in the exercise of his duties under any probation order, shall be
subject to the control of the Officer-in-charge.
13. Duties of a probation officer.-A probation officer shall, subject to the rules made under
this Ordinance,__
(a) visit or receive visits from the offender at such reasonable intervals as may be
specified in the probation order or, subject thereto, as the Officer-in-charge
may think fit ;
(b) see that the offenders observes the conditions of the bond executed under
section 5 ;
(c) report to the Officer-in-charge as to the behaviour of the offender ;
(d) advise, assist and befriend the offender, and when necessary endeavour to find
him suitable employment ; and
(e) perform any other duty which may be prescribed by the rules made under this
Ordinance
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14. Power to make rules.__ (1) The 1[Provincial Government] may, by notification in the
official Gazette, make rules for the purpose of carrying into effect the provisions of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing provisions, the
1
[Provincial Government] may, make rules__
(a) regulating the appointment resignation and removal of probation officers and
prescribing the qualification of such officers ;
(b) prescribing and regulating the duties of probation officers ; and
(c) regulating the remuneration payable to probation officers.
15. [Delegation of powers to Provincial Government.] Omitted by A.O., 1964, Art.2nd Sch.
16. [Repeal of sections 380 and 562-564 of the Code.] Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and II Sch.
17. Provisions of this Ordinance to be in addition to and not in derogation of certain
laws.__ The provisions of this Ordinance shall be in addition to and not in derogation of the
Reformatory Schools Act, 1897 (VIII of 1897) , 2[* * *], the Punjab Borstal Act, 1926 (Pun. Act XI
of 1926), 2[* * *], the 3[Punjab Children Ordinance, 1983 (Pb. Ord. XXII of 1983)] and the 3[Punjab
Youthful Offenders Ordinance, 1983 (Pb. Ord. XXIII of 1983)] and the Sind Children Act, 1955
(sind Act XII of 1955).
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1
Subs. by A.O. 1964, Art.2 and Sch. for “Central Government”.
2
Omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s.3 and II Sch.
3
Subs. by Ord. XLVI of 2002, s.3.
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