The Chhattisgarh Prisoners release on probation Act, 1954

CHAPTER V] JAIL.MANUAL 
SECUONW -
THE MADHYA PRADESH PRISONERS' RELEASE ON 
PROBA:rJON ACT, 1954 
Act No. 15 of 1954 
An Act to provide f ot' the release of certain prisoners on 
conditions imposed by the Madhya Pradesh Government 
CONTENTS : 
Sections :-
1. Title, extent and comm~ncement. 
2. Power of-Government to release by licence on condi­
tions imposed by it. 
3. Petiod for VflJ.ich licence is to be in force. · 
4. Petiod of release to be reckoned as imprisonment for 
computing period of sentence served. 
5. Form of licence. 
6. Power to revoke licence. 
7. Released abseonder who escapes from supervision to be 
punishable. 
8, Power of Government to remit sentence. 
9. Power to make rules. 
10. Repeal. 
415 
416 JAIL MANUAL [ CHAPTER V 
TIIE MADHYA PRADESH PRISONERS' RELEASE ON 
PROBATION ACT, 1954 
*Act No. 15 of-1954 
An Act to P.~vide for the release of , certain prisoIJers 
on condJttons imposed by the (Madhya Pradesh) 
Government · 
Be it enacted as follows :-
Title, extent and 1. (1) This Act may be called 'The Madhya Pradesh 
commencement. Prisoners' Release on Probation A~t, 1954". ~ ' 
Power of Govern­
ment to release by 
licence on condi 
tionsimpos::d by it. 
t(2) It extends to the \\-hole of Madhya Prad_esh. ~ 
(3) It shall be in force in all such areas of .Madb}a 'Pradesh 
in which it was in force immediately before the .conut)ence­
ment of the Madh)'a Pradesh Secord Extension of Laws 
Act, 1961 ( 40 of 1961 ), and shall come into force in othe.r areas 
on such date as the State 'Government may, by. notification 
appoint. 
2. NDtwithstandif'g anythirg contained in sectior 401 of 
the Code of Criminal Procedure, 1898. where a perS<in is con~ 
fined in a prison under a sentence of imprisoDment, and it 
appears to the Government from his antecedents and his con­
duct in the prison that he is likely to abstain from crime and 
lead a peaceable life,ifhe is released from prison, the Govern­
ment may by licence permit him to be released on condition 
that he be placed under the supervision or authority of a 
Government Officer C'r of a person professing the same religion 
as the prisoner or such institution or society as may be recog­
nised by the Governmrn t fo1· the purpose, provided such other 
person, bstitution or society is willing to take charge of him. 
For Statement of Objects and Reasons see Supp 1~ment to "Madhya 
Bharat Gazette" Extrao1dinar y, dated the 13th February 1954. For proce­
dings in Assembly, see Madhya Bharat Legislative Assembly Proceedings 
dated the 26th February 1954. Pages 90 to 98. 
*The Act was extended to the whole of Madhya Pradesh by section 
3 (I) of the Madhya Pradesh Se.cond Extension of Laws Act, 1961 (40 
of 1961) vide item 11 of Part B of the First Schedule to the said Act. 
The said Act came into force with effect from 1st February 1962, vide 
Government of Madhya Pradesh, La,v Department Notificaion No. 3191-
XXI/A (Dr.), dated the 25th January , 1962, published on page 27 of 
the "Madhya Pradesh Gazette", extraordinary, dated the 27 January, 
1962. 
tSubstituted by the Madhya Pradesh Second Extension of Laws Act, 
1961 (40 of 1961. 
CHAP'J'Elt V ) JAIL MANUAL 
lbplanatloa.-Thc - · expression "Sentence of imprism. 
ment" in this section shall include imorisonment in default 
of payment of fine and imprisonment ·for failure to furnish 
secutity under Chapter 8 of the Code of CriminalPtoceduTc. 
3. A licence gtantcd · under the provisions of section 2 
shall be in force until the date on which the peTson released 
womd in the execution of the order of warrant authorising his 
imprisonment have been discharged from prison had he not 
been released on licence, or until the licence is revoked, 
whichever is earlier. 
4. 'lhe period durin& which a person is absent from prison 
under the orovisions of this Act on a licence.' which is in 
force shall b~ reckoned as part of the period of imprison .. 
rnent to which he was sentenced, for the purpose of computing 
the period of his sentence and for the purpose of comput­
ing the amount of remission of sentence "'hich might be 
awarded to him under any rules in force relating to such 
remissions. 
5. A licence granted under the provisions of section 2 
shall be in such form and shall contain such conditions as the 
Government may by general or special order or by rules 
made in this behalf direct. · 
417 
Period for whiell 
Jicence is to be in 
force. 
Period of release 
to be reckoned as 
imprisonment. for 
computing period 
of sentence served. 
Form of licence. 
6. (1) The Government ma" at -any time for reasons to 
J Power to revoke be recorded in writing re\oke a licence grar..ted under the licence. 
provisions of section 2 : 
Provided that no licence shail be revoked on the ground 
of a breach of a concl ition of the licence witliout giving an 
opportun.ity to the person concerned to present his case before 
the District Magistrate of the District in which he is residing 
at the time. 
(2) An order of revocation passed. under the provision of 
sub.section (1) shall specify the date with effect from which the 
licence shall cease to bein force, and shall be served in such . 
manner as the Government may by rule prescribe, upon the 
person ?those licence has been revoked. 
7. (1) Ifany person escapes from the supervision orautho .. 
rjty _of a Government Officer or Institution or Societ)' oT per .. 
son tn whose charge he has been plr,iced under the provisions 
of section 2, or if any person whose licence has been revoked 
under the provisions of section 6, fails without lawful 
excu:,e the burden of proving which shall be upon him, 
Released abs­
conder who escapes 
from supervision to 
be punishable. 
418 
Power of Govern­
ment to remit 
sentence. 
JAIL MANUAL [ CHAPl'ER V 
to return to the prison from which h'e was release<J~ on 
· or before the date specified in the · order of revocati- · 
on, such person ~hall on convictic:ri bJ a Mrgistn•tc · be lir­
ble to serve the unexpi~ed portion · of his • original ·sentence 
and shall also be punishable with imprisonment for a 
further term w~ich may exten.d · to t\VO years or with 
fine not exceed ir g Rs. 200 or with both. -
(2) An· offence puni~hable under sub-section (1) shall be 
deemed to be a cognizable_ offence within tbe meaning of 
clause (f) of *[sub section (1)] of section 4 of the "Code of 
Criminal Procedure, 1898." 
.. 8. (1) '!·he Government may remit the whole or part of 
the sentence of a p~rson senten.ced to imprisor_ment for an 
' Offence under any .(\ct, on &uch person enterirg into a bond 
-with one or more.suteties,in such amount and for such period 
as the Government may direct, to be of good behaviour ·and 
to observe such condition as to residence o.r otherwise, as the 
Government may impose. · 
(2) The provisions of sections 126, 126-A, 514, 514-A, 
514-B and 515 of the "Code of Crimi:r:al Procedure, 1898" 
shall; so far as may be, apply in the case of sureties offered al'.d 
bonds given under this section as if they had been offered and 
given under Chapter VIII of the said Code : · 
Provi(.~ed that if any person required under section ' 126-A . 
or 514-A of the said Code to furnish fresh securities, fails to 
furnish the same, the Government may cancel the order passed 
urder sub-section (1) and crder that such person shall ~erve 
. the whole or so _much of his unexpired sentence as the, __ Govern-
ment may direct. 
(3) If any person released· ur:der sub-section (1) fai~s to 
observe the corditions of his bond, the Government may direct 
that he be re-arrested and sent to prison to serve the v~hole ~r 
such pc.rt of his unexpired sentence as it may ~irect? 1n add~~ 
tion to any proceedirgs that may be taken agaii:st \n~ or his 
surety or sureties in respect ~f such bor.d under the S3.1d Cede. 
Power 
rules. 
9. The Government may make rules consistent with this 
to make _A<:t :-
(1) for~heform and cocditionsoflicence on which pri-
soners may be released ; . 
* Substituted for "Sub-Section (i)" by the Madh~a· Pradesh Se.cond 
Extension of Laws Act, 1961 (40 of 1961). 
CHAPTER V] JAIL MANUAL 
(2) for the appointment of Government Officer, the re-:­
cognition -0f lnstitutior, Societies and persons 
referred to in section 2 ; 
(3) for defining the powers and duties of Government 
Officer, Institutions, or persons, under . whose 
authority or supervision 'conclitionally released 
prisoners may be kept ; 
(4),for defi'1ing _the classes 0f ·offenders who may be 
conditjonall)' released, and, the periods of imprison­
ment after which they ma)' be so released ; 
(5) for prescribing the manner in which an order of 
revocation of a licence shall be served on the per­
son whose licence is revoked ; 
(6) fur delegation o~ all or any of its powers to any 
officer or person authorised in this behalf ; 
_ (7) g~nerally for carrying into eff~ct all the purposes of 
.this Act. 
10. On the ·enforcement of this Act the Madhya Bharat Repeal. 
Prisoner's Release on Probation Act, Samvat 2008, and all laws, 
rules, regulations and other provisiocs havirg the force of law 
relating to the release of prisoners on probation, in force in. 
.Madhya Bharat, shall stand repealed : 
Provided that all actfons taken or orders given µnder them 
shall be deemed to have been taken or given, 2s the case may 
be under this Act. 
. . 
, . 
· 419 
Short Title. 
Definitions. 
Classes 
prisoners not 
b c released. 
JAlL· MANUAL. ( CHApTEJt V 
{ Madhya Pradesh Jail Department Notification No. 
• 2314-1294-m-:JaU, datccl 23-9-19641 , 
Rules 
1. These Rules may be called the Madhya Pradesh 
1'fit0ner's Release GD Probation R.wes, 19'4. 
2. In these Rules, unless the context otherwise requires:­
(1) "Act" means the Madhya Pradesh 'Prisoner's 
Release on Probation Act, 1954 ; 
(2) "Board" means the Board constituted undet sub­
rule (5) of rule 6 ; 
(3) "Fot:ril '' means a form appended to these rules:­
(4) ''Guardian" means a Probation Officer appointed by 
the Government or such other Government Officer 
who may be appointed for the purpose or a per­
son professing the same religion as the prisoner, 
or a secular institutions, or a society belongiug 
to the same religion as the prisoner, under whose 
soperVision or authority the . prisoner released 
under section 2 of the Act is placed by the 
Government; 
(5) "Superintendent'' means thr- Superintendent of a 
prison in which the convict to be released under 
the Act is confined. 
of 3. The following classes of orisoners shall not be 
to released under Act : ~ 
(a) Those convicted of offences under the Madhya 
Bharat Vagrants, Habitual Offenders and Crimi­
nals (Restrictions and Settlement) Act, 1952, or 
any law in force in any region of the State corres­
ponding to the said Act, or the Bxplosive Subs- _ 
tances Act, 1908 or under the following Chapters 
or sections of the Indian Penal Code, Chapters 
V-A, VJ and VII and section 216-A, 224 and 225 
(if it is a case of an escape from a jail), 231, 232, 
303, 311, 328, 361, 376, 382, 386 to 389, 392 t0 
402, 413, 459, 460 and 489-A" ; 
(b) Those convicted under section 7 of the Act ot who 
are serving the unexpired sentence under sub­
section (3) of section 8 of the Act, or whose licence 
has been pte\ iously revoked on account of the 
breach of the conditions of the licence ; 
CHAPTER V ] JAIL MANUAL 
(c) Those whose applications for release, other than an 
application for remission of ser.tccce un.iu section 
8, were on a previous occasion rejected b) the 
Government; 
(d) Those convicted by a Court Martial; 
(e) Those wtose aoplic~ticrs fer temporary release 
under section 3i:A of the prisoner's Act, 1900 or 
l'.Ules thereur:der have been rejected; 
(f'\ Those \\-ho have been prosecuted ar.cl convicttd for 
the breach of the rules under section 31 A of the 
Prisoner's Act, 1900. 
Ex:planation.-The rule in clause (c1 precludes a convict 
from himself applying a seco.nd time for release 
undet section 2 of the Act, but the Government 
may dire ct the Inspector-Generi>.l of Prisors to 
place any case, which has altea'C\y been once 
rejected, for reconsideration b'efore the Board. 
421 
4. Save the prisoners specified in rule 3 any other pt is oner Eligibility for 
who bas served ore third of his sentence of imprisonm ent or a release. 
total period of five years with remissi ons, whicr.ever is less may 
be released by the Government on licence. , 
5. For the purposes of these Rules the following principles Computation of 
shall be observed in computing the period of sentence of sent ence. 
imprisonment, namely :-:-
(a) When a prisoner has been sentenced to several terms 
of imprisonment for several offences ar.d the sen­
tences of imprisonment baye been ordered to 
run concurrently, the lor,g:!st sin~le sentence 
wbich the prisoner is un:lergoing shall be deemec 
to be the term of his imprisonment; 
(b) When a prisoner has been sentenced to several terms 
of -im~dsonment for several vffences acd the 
sentences of imprisonment have been ordered 
to run consecutively, the total .p.!riod which the 
prisorer has to undergo ,shaU be .deemed to be 1he 
term of his imprisonment; 
(c,i- Rcmiss.ior,.s .2lre2cy eart1el! 'by th~ ·pdsot.er ·shall be 
•tounte<l as iill\)risonment served b)i him~ ar'.\i 
14 
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422 
Procedure. 
JAIL MANUAL r CHAPTER V 
(d) Sentence of transportation for life or of imprisonmer..t 
for life shall be reckoned as twenty yea~s. 
Ex:planation.-The e:i;pression "sc1:tence of imprison­
ment" in these Rules shall include imp,;isonmen1 
in default of the payment of fine ar.d imprison­
ment for failure to futnish security under 
Cha-pter Vlll of the .Code of Criminal Proce-
dure, 1898. · 
6. (1) Any prisoner eligible f~r release under these 
rules may make an application in Form A to the -Superin­
tendent. S11ch form shall be orirted at the cost of the Go,er­
nment and su!)plied free of charge to prisonsers, to their 
relative and to persons offerirg themselves as their guardians. 
(2) On the receipt of the application the Superir.ter.dent 
shall examine the application. to see if the -prisoner and his 
proposed guardian have duly filled in the·· columns of the 
?P~lication, meant to be filled in by them. If the application 
ts m order, the Suprentendent shall entertain it ard cause it 
to be entered in a register maintained in Form B. If the 
prisoner is in eligible under rule 3 he shall rejectthe appli­
cation and inform the prisoner of his order. If the -pdson­
ner is eligible for release u, der rule 4 he shall fill in the 
columns in tr_e a-pplication meant to be filled in by him and 
forward the same as .soon as may be, to the District 
Magistrate of the district in which the prisoner was convi­
cted. If the application is not in order~ th_e Superir..ten­
dent shall return it to the prisoner for necessary correction 
or supply ir.g the omissior:s. 
{3) On receipt 0 f an a!)plication ur der sub-rule (2) the 
District Magistrate shall immediately consult the Superir..­
terder:t of Police ar.d tbe Probation Officers, where o:r;e is 
appointed ar.d, if necesszry, the Di!'trict Mfgistrate of t~e 
district in '"'hich the prisoner ordinarily resides and on rece1p1 
of their reports ftllin the entries meant to be filled in b)' him 
and shall ,without delay, forward the same to the Inspector-
General of Prisons, Madhya Pradesh. · 
(4) The District Magistrate shall mair. t2.in a register. in 
.Form C in which all applications received from the Supenn­
tendent ur ... der sub-rule (2) shall be duly entered. 
(5) The aPplications received from the Districts h) the 
Inspector-General of Ptisons shall be considered by_ a Board 
consisting of the Home Secretary to _the Gov~mJJ;1ent of 
CHAPTER V ] JAIL MANUAL _ 
Madhya pradesh in the Home Department 01 any other 
officer emPow~red in this behalf by the Government, 
the Inspector-General of Prisons, Madhya Pradesh or the · 
Deputy.Impector General of Prisons as the case may be,and a 
non-official member to be. appointed bv the Government. 
Meeting of the Board shall be held . ordinarily once ever~ 
mo::ith to make necessary recommendations.. The Secretary 
to the Government in the Home Department or any other 
officer empowered in this behalf by the Government 
shall be the Chairman of the Board. A non-official 
member shall unless the State Government terminates his 
appointment earlier hold office for a term of three years. 
(6) Tbe Government shall, on the receir, t of recommenda­
/e ~oard, pass such orders as it may deem proper. 
7. A prisoner, whose release on licence is sanctioned by Licence. 
the Government, shall be granted a licence in form D. Three 
copies of such licence shall be prepared for each prisoner. One 
shall be retained bv 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. 
8. As soen as the Superintendent receives the orders of 
the Government he shall communicate the same to the urisoner 
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 presentir:g himself, the Superin­
tendent shall deliver to him the copy of the licence r-eceived 
·· from the Government, and place the prisoner in his charge 
and take his signature in the Register in Form B in token . 
of his h~ving taken char6e of the prisoner. 
Information 
the prisone r 
guardian. 
423 
to 
and 
9. (1) 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 wdfare of the licensee and generally act in LOCO 
PARENTIS. If the licensee's conduct is found to be bad it 
shall be the dutJ of the guardian to report -the fact to the 
District Magistrate. 
Guardim's Duty. 
(2) In dealirg with the licensee the guardian, when be is 
a Probation Officer appointed by the Government, shall be 
governed by the rules, if any, framed by the Goveri1ment:for 
the guidance of Probation Officer. · · 
424 
Revocation, 
JAIL_ MANUAL [ CHAPTER V 
(3) If on enquiry by the District .Magistrate it is found 
that the guardian has failed in his duties and does not generally 
act in LOCO PARENTIS the District Magistrate ma} propose 
to the Government a new guardian whose name may be sub­
stituted in the licence after making necessary enquiries about 
his fitness to act as such. B~fore the old guardian is replaced 
by a new one the District Magistrate shall-cause-a notice to be 
served on the guardian to show cause as to Wh} he should not 
be replea •.:ed. If the guardian presents himself then after 
hearil:g him and if he does uot ,present himself, then without 
hearing him, the District Magistrate shall consider and decide 
'hhether or not to recommend to the Governmenl for the repla­
cement of the g,uardian and shall act according,ly. 
10. (1) The District Magistrate on recf.i\iq; infor­
mation from the guardian or any other source, of the brea­
ch by t b.e licen see of the c01:ditior.s cf the liceLce, shall 
cause a cotice to be se::ved on the licensee to show cause 
why his licence should not be revoked. If the licensee vre­
sents himse lf in respocse to the notice, theD, after teariI:g 
him and, if he does not present himself, then without hearing 
him, the District Magist rate shall consider ax:d decide 
whether er r:ot to reccmmend to the Government for the 
revocation of the prisoner's licence and shall act ~ccord ingly. 
(2) In case the District Magistrate decides to recommend 
the revocation of tte licence: he may, at the iame time, if 
he considers th.at t}:e licensee is unfit to be allowed to remain 
at large under the licence, order J, is 2-rrest and detention 
in the prison per ding the receipt of the orders of the Govenr­
ment. 
(3) The Government shall on receipt of the District 
Magistrate's recommendation pass such orders as it may 
deem prope_r. 
( 4) An order of revocation of licen~e shall be in 'Form E 
and shall be served upon the licensee if detained in prison 
by the Superit\ter.dcnt, and if not det2it:ed in pri~on by tlie 
officer ir.-charge of police station. 
(5) The order of reVOl:ation shall be noted on the licence 
and in the registers maintair:ed by the District Mr.gistrate 
and the Superinterdent. · 
. (6) If a prisoner ~ele~sed on_li~nce u~~fr ~c Act e~pes 
f):~ the su2_ervjsioh or authori~y- qf a guaro~an o~ fail~ to 
re_tur1:1, t9._pri~n. onp~'!'._oqiti~n_of. ·:hi~ _ \ic~5c~, . the guard~ 
shall immediate})' inform . the Dist'l'ict Magistrate rr.d the 
CHAP'IU V ] JAIL MANUAL · 
Superintendent a:~d repori- to tlce nearest police station, and 
action shall be taken against the orisoner as in a cognizable 
case. . -
11. On the release of a prisor;.er ucder the Act, the Supe­
rintendent shall retain the warrant under which the priso­
n.er was c:,mmitted to prison by the court w!-iich sentenctd 
him until the p'!~iod of bis senten ce with remissions, if any, 
eatned by him during the period of his confinement in jail, 
has expired. The period dt\ring which a prisor.er is ab­
sent from 'prison under the provisions of the A.ct otJ. a licence 
-which is in force shall be reckoned as part of the period of 
of imprisonment to which he was sentenced for the p~rpose 
of computing the pericd of his sentence. When tl-e con.Viet 
released . on ·licence has finished the sentence, tl:e Superii:­
tendent shll return the warrant or \1/arrrnts to th,e court 
which issued it or them. 
12. On the expiry of the period of licence otherwise 
than b) revocation the ·guardian shall forthwith inform the 
licensee trat he is absolved from the observation of Condi­
tions of the licence, shall make a note to t~e effect on the 
I icence and shall return it to the Superintrndent. 
13· When a prisoner released on licence under the 
Act haJ'.'t)Cns to be a police registered ccnvict the Superin­
tendent of the Prisco shall inform the SunerinteDnent cf 
Police of tre '<I istrict of which such convict is resident of his 
release on lice11 ce together with the name and address of the 
guardian and Shall at the same time, in.form him of the date 
on which the final release of the licensee is likely to take 
!)lace. On the final release of the prisoner the police regi­
ster slip shall be forwarded to the Superintendent of Police. 
14. (1) In each case the District Magistrate shall deter­
mine whether or not the proposed guardian is fit to act as 
such having ret;aTd to his status, antecedents, and the deg­
ree of Control that he may exercise on the -orison er, and inform 
the Gove~nment ofris opinicr. . •· 
(2)_ Parents or relatives of a prisoi:er may be appointed 
guardians if the Distrk1. M1gist:o-ate is satisfied that they 
are fit to act as such guardians. 
(3) An officer of a prison shall in no case be eligibi> to 
act as guardian unless the lnsoector-Gereri>J of Prions 
Madhya Pradesh, sanctiors it. · · ' 
425 
Warrant 
commitment. 
of 
Returning of 
licence to the 
Superintendent on 
its expiry. 
Police Registered 
convicts. 
Guardian. 
426 
Remission 
sentence. 
. . •;. ·. 
f., 
Rep ~al 
saving . 
JAIL MANUAL [ CHAPTER V 
of 15. (1) An application for rem1ss1on of senterce undt:.t 
section 8 of the Act shall be made by the .prisoner or by the 
perso 'n offe rirg himself as· his surety to the District Magis­
trate of the district in which he was cor..victed or where he 
was C)nvictec! in more than one district then to the 
District Magist:ate of ·an) su~h district. 
(2) T ,1e District Magistrate shall; on a consideration of 
the antecedents of the prisorer , his CGrduct in •jail and bis 
environments and aftt't: cot:sultirj?. tte ·Probatio n Officer 
where or:e is appointed and such ·other ·. autboriti<'S ·, as he 
may think prcp:!r, within one -month of tl:ie · receipt · of 
the application forward it to the Government stBtint bis 
opinion ·whether the prisoner is likely to abstain, from crime 
~nd lead a peaceable life if release _d from prison. ·· · 
(3) The GJvernment may, on receipt ~f such applicioton 
release the prisoner on his en terir g irto a bord with or:c or 
more sureties for such amount and. for such period as the 
Government mav direct, to be of good behaviour ar.o to 
observe such conditions, as th·,: Government ma) impose . 
(4) If an) prisoner relelised under sub-section (1) of 
section 8 of the Act fails :to observe the conditions of the 
bond, the District Magistrate or the Sub-Divis ional 
Magisrate, if authorised by the District Magisrate may 
take proceedings under section 514 of the . Code of 
Criminal Proce _dure, -1898 and report to the Government 
for the cancellation of the order remitting the sentence 
passed under sub-section (1) of section 8 of the Act, and 
tht> Government may pass such orders in accordance .with 
sub-section (3) of section 8 as it may deem fit. 
and i6. The Madhya Bharat Prisoners' Release on Proba-
tion Rules, 1954, are hereby repealed; · 
Provided that anyt,hing done or any action taken under 
the rules so repealed shall. uple~s such thing or action is 
_inconsistent with the provisions of these rules, be deemed 
to have been done qr taken under the corresponding 
provisions of these· rules. 
c; . 
, J 
CHAPTER V l JAIL MANUAL 
FORM A . 
[See sub-rule (1) of rule 61 
[To be supplied to a prisoner, his relative (or his), guardian 
free of charge] 
' . 
Application by the prisoner to the Superintendent of a 
Prison for release under section 2 of the Madhya 
Pradesh Prisoners' Release on Proabtion Act, 1954. 
. ( Act_N9. 15 of 1954) 
( To be filled in by the prisoner and bis guardian) 
Jail. .................... .... . 
1. ' Name and No. of Prisoner ..... ,. ....... :: ............. . 
2. Father's Name ............................. . 
. 3. Caste· ........ ..................... . 
4. Residence-Village, mohalla · or town ...... . (; ......... . 
Police Station .... : ...... ....... , District .......... l; ......... . 
5. Name of the proposed guardian .with his , father's 
l 
name ... ............ ................................. ........ . 
6. Guardian's caste ......... •············:· ..... . 
7. Guardian's age ........................ : .... . 
8. Guardian's occupation ............................. : 
9. Guardian's residence-Village, mohalla or. t<?_wn .....• 
Police Station ..... ; ............ , District .................... . 
10. Is the guardia!l · literate ? .............. ............... . 
11. Is the guardian related to the prisoner ? If so, 
how? ..... ........................ . 
Declaration by the Prisoner 
I hereby, declare that I d~sire to be released on 
licence under the Madhya Pradesh Prisoners' Release on 
Probation Act, 1954, and shall faithfully comply with the 
conditions of the licence. 
Dated ............ ..... . ·····································-
Signature of the Priso,ie,/ 
Left thumb i111pressi01t 
427 
428 JAIL MANUAL [ CHAPTER V 
Declaration by the Guardian 
•1 on behalf of.. ............ .Institution/Society agree to 
undertake the supervision of ..................... prisoner men. 
tioned above and shall comply with the provisions of 
the Madhya Pradesh Prisoners' Release on Probation Act 
1954, the rules framed thereunder and the·conditions of th; 
licenee. 
Dated ............. . . Signature of the Guardian/ 
Left thumb ;,npressr·on 
(Tobe filled in by the Superintendent ot Jail) 
Casual\ 
Habitual J No. of previous ccnvictiu~, if ar:y •..•..•.... .••.•..•.. 
1. Prisoner's Name ar:d No ...................•................. 
2. Prisoner's age . . . . . . . . . . . . years, offence ................. . 
3. Senter.cing Officer and Case No ........................ . 
4. Pericd of senteIJce...... ............ fine, if an~ ....... .. 
fine realised .......... ............. . 
5.. Date of sentence ...................................... ......... . 
6· Period actually spent in jail up to the date of applica-
tion........................ months ...................... .... . 
7. Remissioi:.s earned ............... years ............... months 
................................. days. 
8. Total of columns 6 and 7 ............ years ...... months 
........................... days. 
9. Prisoner's date of release after a.llowing probable 
remission ut!der the rule ...................................... . 
10. Physical an<l mental condition of the prison:r 
• The rest of this line shall be scored out if the proposed guardian 
is not a society or an institution. 
CHAPTER V ] JAIL ]#NUAL 
*l 1~ Cor.duct in Jail. ..................................... ......... . 
*12. Effect of imprisonment undergone ...................... . 
*13. Is the prisoner eligible in every way ? If not, the 
suuerintendent shall in his own hand record here 
th~ order rejecting this application with reasons ..... . 
tI4. Is it advisable to release the prisoner on licence? 
Entries checked with warrants ........................... . 
Superintendent of Jail 
Jailor. 
Date ....... ·............ ..... ... Name of Jail. ...... ................... . 
( To be filled in by the District Magistrate) 
1. Date of receipt in the District Magistrate's office ..... . 
2. Brief History of the case ............................. , ..... . 
3. Is the proposed guardian fit to act as such .............. . 
4. Having regard to the orisoncr's antecedents and his 
conduct in prison, is he likely to abstain from crime 
and lead a peaceable life if releas ed on licence ? ..... . 
District Magistrate, 
Name of District. 
Recomm,endation of the Board 
1. Recommended for release on licence ................. . 
2. Recommer:.ded for release on licence after ...............•.• 
months in default of payment of fine or sooner, if fine 
or portion of fine is paid. 
3. Recommended for release on licence provided a suit­
able guardian is available. 
*These entries should be in the band of the Superintendent. 
tlf not, please state reasons in brief. 
429 
430 . JAIL MANUAL l CHAPTER V 
4. Recommended for release o~ licence after ....... .... ... . 
month if prisoner's cor.duct is satisfactory. 
5. Postponed till.. .... if prisoner's conduct is sat~sfactory. 
6. Postponed tiU a suitable guardian -is forthcoming ..... . 
7. Rejected ........... ... .................... ............... .......... . 
8. Name of guardian to be recognised .................... . 
Member Member Chairman 
Dated ..................... 19 
ORDER OF GOVERNMENT ~ 
Board's recommendation accepted. 
Dated ................. .... 19 Secretary to Government 
Ednorsement on revocation of licence 
Dated ........... .......... 19 Secretary to Governmem 
1 
FORM-B 
[ See sub-rule (2) of ru'.: 6 ] 
Jail Register of applications for release under the Madhya Pradesh Prisoners' Release on Probation Act, 1954 
Serial Date Name Prison- Whether- Whether Date of Dat e of Order of Name of Date giv- Date of 
Num• of ap- ofpri· ers' applica- return ed the expiry despat ch the Gove- the ing the readmis­
ber plica~ son::r number tion reje- by the oflicence oft heap- rnment Gu ardian licence sion of the 
tion cted by the Superin- if plication and prisoner 
Superin- tendent granted to the delivery to the 
tendent to the district of the Jail 
prisoner Magis- Prisoner 
tra te to lhe 
guardian 
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 
'J 
' . ' 
Date if Signatu re 
any of of the 
the guardian in 
revoca - token of 
tion of the receipt 
the of the 
licence licence 
and 
delivery 
to him of 
the Prison er 
(13) (14) 
Date of Remarks 
final 
release 
(15) (16) 
Q 
?J 
~ 
< 
E 
t"-4 
~ 
~ d 
~ 
e .... , 
FORM-C 
[ See sub-rule (4) of rule 6] 
Register of applications for release under the Madhya Pradesh Prisoners' Release on Probation Act, 1954 
to be maintained in the office of the District Magistrate 
Serial Date of Name of Name of Whether Date of Order of the Name of Date if any Whether Remarks 
Number the receipt of Prisoner convicting recommended despatch of Government Guardian of revocation action taken 
application court to appllcation of licence under section 
from the Government to the 7 of the Act 
Superintendent for release Inspector-
Genernl 
of pris ons 
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 
~ 
E r-4 
! > r-4 
0 
:r: > 'U 
@ 
~ 
< ...... 
j 
CHAPT£R V ] 
F,ORM D, 
(See rule 7) 
Licence of c9'}ditional release 
under--Sect.fon·2 o·f the M.adbya J.>radtsltP,ri~er 1s-Release 
on 1!1"6Jiation-.Net; 19'5-41• 
Im e_xen,ise ofithe -powers, oonfe_r,redflzy Secti tln'21 ofr tlie~ 
M.l!tibyai Braidesh, Btisone tls-Re.le-ase on P,tobatiow ~ct;, 1~4'• 
th~ Gover nment- iSLpleased ; subject to •tlla obserw.ncel of'-the'l 
canditioEs ,here-it after.set,fo,rt.h;·,tn:g.rant•an.;l rll rectltl!e relt'elce 
of ........................ . : ....... sonldaugh'ter/wife ~of' .......... : . . ~ .. 
caste ......... .......... aged ....... .... ·. r /o .. .................. ...... police 
sta;tio:Q-...... ,. .•. _ ..... .. ... ........ ,.Qi~trict! ..•.........•.•.... . , , · co:o.vict 
number . ... .... .......... .... , at • ptt>se.nt confined in-: the: .... ... . 
jail ard place him under the supervision fr.-0' authority of 
.............. . ......... son of .. ~, ········••.•··· caste ........ : ... resident 
of ............... ... pol ice station , ... : ......... :.... district ............ . 
. .. , ....... ........... , ......•.... Proha~ion. Officer10r So<dety/In:stitution 
hereby * app_ointed tas the,guiirdi:m of.the..-said ·pri~oner. 
The licen<;e.:: sh'all ·expire on th'e; ......... ............ . da:t of." 
................ ..... ..... ..... .... ~.19 , unless previously revoi«:d: 
Gopditions ,to be obsei-ved 'b~ the Liaeasee 
1. Tbe li~ens t; c sh~ll ·remai.B.,i.n'4,r the Sb1\)Crvisioru·and1 
auth01;it:, of the.aboye-men.tion~d g~arfilJan d~itl.gi:tbntpericd;, 
of the lictnce. He $h,all obey.-all the.fo.structions oiihe.guar + 
d ian ,issytjd -to him either verb~lJy or in ,writingiregard iing his. 
residence, employment er conduct. 
. 2. He sb~ll not.proceed -. b~tond thoiim,its of tb.4 • pJaces­
witbin, ·which he may. be restricit.ed, by;bis. guatdtian -mithout•, , 
his pefmission ,and .. sball proceed to· all}\ ~lace.diJ:ected by-the,-
1,;uardian, and 1~y the rouie pfescribecl. bJ..rt~e g,u.arpian;., _ 
3. He shall report himsel f at such times ard places and 
to such persons as the guardian may from time to time directr 
4 .. He~hallhim~el£w:itJ:i.cllle industry and to the satisf~~~• 
tion of the guardian, may ·direct him to emplo)' himself. 
5. Heshallnotcommitin the Indian Union any criminaf, 
offence punishable by any' law for the time being in force in 
Indian Union or any part thereof 
434 JAIL MANUAL - [ CHAPTER V 
6. He shall not in any_ way associate with persons known 
to be of bad character or lead dissolute or evil life. 
·~ 7. If i~ the ·opinion _~~ the Governm~nt h!! is found to 
have committed a breach of the a9ove mentioned conditiGJjs, 
the G0vernment niay, after the person con<:eme·d has been 
given an opportunity to represent his case before the District 
Magistrate of the district in V\hich he is residing at the · time, 
revoke a licence and direct his recommitment to prison to 
serve the rest of the sentence, subject to the provision of sec­
tion 4 of the Madh}::l Prade~h Prisoner'i: Release on Probation 
Act, 1954. 
s. On, revocation of this I icence, the licensee shall return 
to the_ prison named in the order of revocation on or before 
the .date specified therein. 
! ! 
Guai-dian's Duty 
It shall b.e the duty of the guardian to see that con cl itions 
of the 1 icence are fulfilled. He shall look after the conduct 
' and ~elfare of the licensee and generally act in LOCO 
PARENTIS, if the licensee's conduct be bad, it shall be the 
duty of the guardian to report the fact to the District Magis­
trate. 
If a prisoner released on licence 1.~nde.r tbe Act escapes 
from the supervision or authority cf & guardian or fails to 
return to prison on revocation cf his licence the guariian 
shall immediately inform . the District Magistrate ax:o .the 
Superintendent ano repott to the nearest police-stauon, 
and action shall be taken ·against the prisoner as in a 
cognizable cas.e. 
On the expiry of the period of1icence, othrewise than by 
Tevocation, the guardian shall forthwith inform the licensee 
that he is absohed from the observations of all conditions of 
the licence, shall triake a note to that effect on the licence and 
shall return it to the Superintendent. 
Dat,; .....•......... -.... 19 Secretary to Gvvernment, M. P. 
Home Department 
CHAPTER V] JAIL MANUAL 
FORM E . 
[ See ~ub rule (4) of rul~ lQ] 
·Order of revocation of licence under section 6 of the 
Madhya Pradesh Prisoner's Release on 
Probation Act, 1954 
In ~xercise of the . powers conferred by- s~ction 6 of the 
.Madhya Pradesh prisoner's Release on Probation Act, 1954, 
the Government hereby revokes with effect from ........ : .. . 
the licence under the Si\id Act granted on .................. to 
....................... son /daughter /wife of ....................... . 
resident of ....................... :con'vict No ............... of .... ... . 
Prison, under the guardianship of ............ son of ........ ... . 
resident of .............................. , cl istrict .• ..•.......... ...... and 
direct that he be re-admitted into the prison, to serve 
the rest of bis sentence subject to the provisions of section 
4 of the said Act. 
(The said convict is directed to report himself to the 
.Superintendent ofthe .................. prison at ................. on 
or before the ......... : ..... ) . 
. Date ........................ 19 
Secretary to Govern111ent, 
M. P., Home Department 
435 

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