WHEREAS it is expedient to provide for the conditional j release from prison of good conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced, and whereas the previous sanction of the Governor-Gener­al under sub-section (3) of section 80-A of the Government of India Act has been obtained ;
It is hereby enacted as follows:—

Preamble

1.    (1) This Act may be-called the Good Conduct Prisoner's
Probational Release Act, 1926.

H(2) It extends to the whole of the Province of 4[North-West Frontier Province] except 5(Tribal Areas].
(3) It shall come into force 6on such date as the 2[Provincial Government] may by notification appoint in this behalf.

2. Notwithstanding anything contained in section 401 of the Code of Criminal Procedure, 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the 2[Pro­vincial Government] from his antecedents or his conduct in the prison that be is likely to abstain from crime and lead useful and industrious

Power of Govere- ment to release by licence on conditions imposed by it.

life, if he is released from prison, the ^Provincial Government] may by license permit him to be released on condition that he be placed under the supervision or authority of a 2[servant of  the state] or a secular , institution or of a person or society professing the same  religion as the prisoner, named in the license and willing to take charge of him.

Provided that a prisoner conmmited and sentenced make any of the surrvay in chapter XVI of the ppe shall not be released on parole without the coment of the written on the case may be him levees.

Act V of 1996.

            Explanation. — 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.

3. A license 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 or warrant authorising his imprisonment, have been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner.

Period for which lecense is to be in force.

4. The period during which a person is absent from prison under the provisions of this Act on a license which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of his sentence and for the purpose of computing the amount of remission of his sentence which might be awarded to him under any' rules in force relating to such remission.

Period of release to be reckoned as imprisonment for computing period of sentence served.

5. A license granted under the provisions of section 2 shall be in such form and shall contain such conditions as the '[Provincial Government] may, by general or special order or by rules made in this behalf direct.

Form of license.

6. (1) The 1 [Provincial Government] may at any time voke a license granted under the provisions of section 2.

Power to revoke license.

(2) An order of revocation passed under the provisions of sub-section (1) shall specify the date with effect from which the license shall cease to be in force and shall be served in such   manner as the 1[Provincial Government] may by rules prescribe, upon the person whose license has been revoked.

7. (1) If   any person escapes from the supervision or authority of a 2[servant of the state] or secular institution, or a society or person in whose charge he has been placed under the provisions of section 2, or if any person whose license has been revoked under the provisions of section 6, fails without lawful excuse, the burden of

Released abscon- dres who escape from supervision to be punishable.

proving which shall be upon him, to return to the prison from which he was released, on or before the date specified in the order of revoca­tion, such person shall on conviction by magistrate be punishable with imprisonment of a term which may extend to two years or with fine, or with both.

(2) An offence punishable under the provisions of sub-section (1) shall be deemed to be a cognizable offence within the meaning of clause (/) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898.

8.   The ^Provincial Government] may make rules -consistent: with this Act—

Power to make rules.

(1) for the form and conditions of licenses on which prisoners may be released ;
(2) for defining the powers and duties of Government officers, societies or persons, under whose authority or supervision conditionally released prisoners may be kept ;
(3) for defining the classes of offenders who may be condi­tionally released and the period of imprisonment after which they may be so released ;
(4) generally for carrying into effect all the purposes of this Act.