LexThe Telangana Probation of Offenders Act, 1936.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PROBATION OF OFFENDERS ACT, 1936.
(ACT NO. III OF 1937)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Interpretation.
3. Power of court to release certain offenders after
admonition.
4. Power of court to release certain offenders on
probation of good conduct.
5. Procedure in cases submitted by Magistrates not
empowered to act under sections 3 and 4.
6. Powers of Appellate Courts.
7. Procedure in case of offender failing to observe
conditions of release.
8. Provision as to bonds.
9. Appointment of Probation officers.
10. Duties of probation officers.
11. Variation of conditions of probation and discharge
of bonds executed by offender.
12. Effect of variation of bond on sureties.
12-A. Removal of disqualification attaching to conviction
for offences.
13. Power of State Government to make rules.
14. Saving of the operation of certain enactments.
15. Saving of the jurisdiction of the High Court.
THE TELANGANA PROBATION OF OFFENDERS
ACT, 1936.1
ACT No. III OF 1937.
1. (1) This Act may be called 2[the Telangana Probation of
Offenders Act, 1936.]
(2) It extends to the whole of the 3[State of Telangana.]
(3) (a) This section shall come into force at once.
(b) The State Government may, by notifica tion in the
Official Gazette, direct that all or any of the remaining
provisions of this Act shall come into force in any local area
on such date as may be specified in such notification.
2. In this Act, unless there is anything repugnant in the
subject or context,–
(a) the ―Code‖ means the Code of Criminal Procedure,
1898; and
(b) expressions used bu t not defined in this Act and
defined in the Code have the meanings assigned to them in
the Code.
1. The Andhra Pradesh Probation of Offenders Act, 1936 in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, da ted
01.06.2016.
2. Substituted for the original short title by the First Schedule to the
Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra
Pradesh Act IX of 1961) and substituted by G.O.Ms.No.45, Law (F)
Department, dated 01.06.2016.
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Interpretation.
2 [Act No.III of 1937]
3. In any case in which a pe rson is found guilty of the
offence of theft, dishonest misappropriation, or cheating
punishable under the Indian Penal Code or of any offence
punishable with not more than two years ’ imprisonment and
no previous conviction is proved against him, the court by
which he is found guilty may, if it thinks fit, having regard to
the age, character, anteceden ts or physical or mental
condition of the offender and to the trivial nature of the
offence or any extenuating circums tances under which the
offence was committed, instead of sentencing him to any
punishment, release him after due admonition.
4. (1) When any person not under twenty -one years of
age is found guilty of an offence punishable with
imprisonment for not more than seven years, or when any
person under twenty -one years of age or any woman is
found guilty of an offence not punishable with death or
transportation for life, and no previous conviction is proved
against the offender, if it appears to the court by which he is
found guilty, regard being had to the age, character,
antecedents or physical or mental condition of the offender
and to the circumstances in which the offence was
committed, that it is expedient t hat the offender should be
released on probation of good conduct, the court ma y,
instead of sentencing him at once to a ny punishment, direct
that he be released on his entering into a bond, with or
without sureties, to appear and receive sentence when
called upon during such period not exce eding three years
as the court may direct, and in the mean t ime to keep the
peace and be of good behaviour:
Provided that the court shall not direct the release of an
offender under this section, unless it is satisfied that the
offender or one of his sureties (if any) has a fixed place of
abode or regular occupation in the place for which the court
acts or in which the offender is likely to live during the period
named for the observance of the conditions.
Power of court to
release certain
offenders on
probation of good
conduct.
Power of court to
release certain
offenders after
admonition.
[Act No.III of 1937] 3
(2) Where the offender referred to in sub -section (1) is
under twenty -four years of age, the court may make a
supervision order directing that such offender shall be under
the supervision of such probation officer as may be named
in the order during the period specifie d therein and
imposing such other conditions for securing such
supervision as may be specified in the order:
Provided that the period so specified shall not extend
beyond the date on which, in the opinion of the court, the
offender will attain the age of twenty-five years.
(3) A court makin g a supervision order under sub -
section (2) shall require the offender, before he is released,
to enter into a bond, with or without sureties, to observe the
conditions specified in such order and such additional
conditions with respect to residence, abstention from
intoxicants and any other matters as the court may, having
regard to the particular circumstances of the case, consider
fit to impose for preventing a repetition of the same offence
or a commission of other offences by the offender.
(4) A court making a supervision order shall furnish to
the offender and the sureties, if any, a notice in writing
stating in simple terms the conditions of the bond.
5. Notwithstanding anything contained in sections 3 and
4, where any first offender is found guilty of an offence by a
Magistrate of the third class, or a Magistrate of the second
class not specially empowered by the State Government in
this behalf, and the Magistrate is of opinion that the powers
conferred by the said sections should be exercised, he shall
record his opinion to that effect and submit, the proceedings
to a Magistrate of the first class or Sub divisional Magistrate,
forwarding the accused to, or taking bail for his appearance
before such Magistrate, who may thereupon pass such
sentence or make such order as he might have passed or
Procedure in
cases submitted
by Magistrates not
empowered to act
under sections 3
and 4.
4 [Act No.III of 1937]
made if the case had originally been heard by him, and, if he
thinks further inq uiry or additiona l 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.
6. An order under section 3 or section 4 may be made by
an Appellate Court.
7. (1) If the court before which the offender is bound by
his bond under section 4 to appear for sentence when
called upon, or any court which could have dealt with the
offender in respect of his original offence, has reason to
believe that the offender has failed to observe any of the
conditions of the bond or bonds executed by him, it may
issue a warrant for his apprehension, or may, if it thinks fit,
issue a summons to the offender and his sureties, if any,
requiring him or them to attend before it at such time as may
be specified in the summons.
(2) The court before which an offender is so brought or
appears may either remand him to custody until the case i s
concluded, 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 o f the conditions of
the bond or bonds executed by him, it may forthwith,—
(a) sentence him for the original offence, or
(b) without prejudice to the continuance in force of
the bond or bonds, impose upon him, in respect of the first
such failure, a penalty not excee ding the amount of fine
which may be imposed for the original offence but in no
case exceeding fifty rupees.
Powers of
Appellate Courts.
Procedure in case
of offender failing
to observe
conditions of
release.
[Act No.III of 1937] 5
(4) If a penalty imposed under clause (b) of sub-section
(3) is not paid within such period as the court may fix, th e
court may sentence the offender for the original offence.
8. The provision of sections 122, 126, 126 -A, 406 -A (b)
and (c) 514, 514-A, 514-B and 515 of the Code, shall, so far
as may be, apply in the case of sureties given under this
Act.
9. (1) A probation offi cer named in a supervision order
may be,-
(a) any person appointed to be a probation officer by
the State Government or a person authorized by them, or
(b) any person provided for this purpose by a society
recognized in this behalf by the State Government, or
(c) in any exceptional case, any other person who, in
the opinion of the court, is a fit person to act as a probation
officer in the special circumstances of the case.
Explanation:- A probation officer may be a person of
either sex.
(2) In naming a probation officer in a supervision order,
the court shall be guided by any general or special
instructions the State Government may issue in this behalf.
(3) A probation officer, in the exercise of his duties
under any supervision order, s hall be subject to the control
of the District Magistrate of the district in which the offender
for the time being resides.
(4) The court before which an offender is bound by his
bond to appear for sentence when called upon, or the
District Magistrate of the district in which the offender for the
Provision as to
bonds.
Appointment of
Probation officers.
6 [Act No.III of 1937]
time being resides, may at any time appoint another
probation officer in the place of the person named in a
supervision order.
4[Explanation:- For the purposes of this section, the
cities of Hy derabad and Secunderabad shall b e deemed to
be a district and the Commissioner of City Police shall be
deemed to be the District Magistrate of that district.]
10. A probation officer shall, subject to rules made under
this Act and to the directions of the court,-
(a) visit or receive visits from the offender at such
reasonable intervals as may be specified in the supervision
order, or subject thereto, as the probation officer may think
fit;
(b) see that he observes the conditions o f the bond or
bonds executed by him;
(c) report to the court as to his behaviour; and
(d) advise, assist and befriend him, and when
necessary endeavour to find suitable employment for him.
11. The court before which any offender is bound by his
bond under section 4 to appear for sentence when called
upon,–
(a) may at any time if it appears, upon the application
of the probation officer, that it is expedient that the bond or
bonds executed by the offender should be varied, summon
him, and if he fails to show cause why such variation should
not be made, vary t he bond or bonds by extending or
4. Explanation was added by section 3 of the Schedule to the Andhra
Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act, XXIII of
1958).
Duties of
probation officers.
Variation of
conditions of
probation and
discharge of
bonds executed
by offender.
[Act No.III of 1937] 7
diminishing the duration thereof (so, however, that it shall
not exceed three years from the date of the original order
and shall not extend beyond the date on which, in the
opinion of the court, the offender shall attain the age of
twenty-five years), or by altering the conditions thereof or by
inserting additional conditions therein, or
(b) may, on application made by the probation officer
and on being satisfied that the conduct of the offender has
been such as to make it unnecessary that he should be kept
any longer under supervision, discharge the bond or bonds
executed by him.
12. (1) When any condition in a b ond is relaxed under the
provisions of section 11, the condition as so relaxed and not
the original condition shall be binding on the sureties to the
bond.
(2) Where any condition in a bond is made more
onerous under the provisions of section 11, such condition
shall not be binding in the more onerous form on any sure ty
to the bond, unless he has accepted it in writing, but the
condition in its or iginal form shall continue to bind any
surety who has not accepted the condition in its more
onerous form.
(3) Where any additional condition is imposed under
the provisions of section 11, such additional condition shall
not be binding on any surety to the bond unless he has
accepted it in writing.
(4) No variation in, or addition to, the conditions of any
bond made under the provisions of section 11, shall affect
the liabi lity of any surety to the bond in respect of any
condition which has not been varied.
Effect of variation
of bond on
sureties.
8 [Act No.III of 1937]
12-A. Any person who is found guilty of an offence and is
dealt with under the provisions of this Act shall not suffer
any disqualification attaching to a conviction for the offence:
Provided that this section shall not apply to a person
released on probation if subsequent to such release he was
sentenced under sub -section (3) of section 7 or a penal ty
was imposed on him under that sub-section.
13. (1) The State Government may, either generally or
specially for any area or areas in which this Act is in force,
make rules consistent with this Act for carrying out all or any
of the purposes thereof.
(2) In par ticular and without pre judice to the generality
of the foregoing power, such rules may provide for or
regulate,-
(a) any matters incidental to the appointment,
resignation and removal of probation officers;
(b) the payment of remuneration and expenses to
probation officers or of a subsidy to any society which
provides persons for appointment, as probation officers;
and
(c) the condit ions on which societies may be
recognized for the pu rposes of clause (b) of sub-section (1)
of section 9.
(3) All rules made under this section shall be subject to
the condition of previous publication.
Removal of
disqualification
attaching to
conviction for
offences.
Power of State
Government to
make rules.
[Act No.III of 1937] 9
14. Nothing in this Act shall affect the provisions of secti on
31 of the Reformatory Schools Act, 1897, or 5[the Andhra
Pradesh (Andhra Area) Children Act, 1920] or 6[the
Telangana Borstal Schools Act, 1925].
15. Nothing in this Act shall be deemed in any way to affect
or derogate from the jurisdiction of the High Court.
* * *
5. Andhra Area Act repealed by Act No.26 of 1979.
6. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Saving of the
operation of
certain
enactments.
Saving of the
jurisdiction of the
High Court.