The united provinces first ofenders probation act, 1938

13 
 
THE UNITED PROVINCES FIRST OFENDERS PROBATION ACT, 19381 
[U.P. ACT NO. VI OF 1938] 
 
Amended by U.P. Act No. VIII of 1958 
Adapted and modified by the Adaptation of Laws Order, 1950 
[Received the assent of the Governor General on 22 nd November, 1938 and was 
published2 under section  76 of the Government of India A ct, 1935, on 3 rd December, 
1938.] 
AN 
ACT 
to provide for the release on probation of first offenders  
Preamble WHEREAS it is expedient to amend and consolidate the law relating to 
release on probation of first offenders in certain cases and to provided for 
other matters incidental thereto. 
 
It is hereby enacted as follows: 
Short title,  
extent and  
commencement 
1. (1) This Act  may be called the United Provinces First Offenders' Probation  Act, 
1938.  
(2)  It extends3 to the whole of [Uttar Pradesh.]4 
 
 
 
 
1. for S. O. R. see Gaz. Extra d. Jan. 18, 1938, pp. 6·7.  
2. See Gaz. 1938. Pt. VII, pp. 271-273. 
3. This Act has been extended to the areas mentioned in column 1 of this table under the Act or 
Order mentioned  in column 2 and enforced in such areas under notification, if any, 
mentioned in column 3 with effect from the date mentioned in column 4 against each such 
area:  
 
Area Act or Order under 
which extended 
Notification, if any, 
under which enforced 
Date from which enforced 
1 2 3 4 
1. Banaras District  Banaras 
(application of 
Law) Order, 1949,  
section 3. 
No. 3262(1)/XVII, d. 
Nov. 30,1949 
s.s 1, 2, 3, 4 (1 ), 5 to 8. 13. 
14 and 15 came in to force 
with, effect from Nov. 30, 
1949, and ss. 4 (2), (3) and 
(4) and ss. 9 to 12,i.e w.e.f. 
Feb. 1, 1950. Sec Not. 
no.405/ XVII, d. Jan. 29, 
1950 Gaz. Extra . p. 6.  
 
2. Tehri-Garhwal  
    District 
Tehri-Garhwal 
(Application of 
laws) Order, 1919, 
section 3 
No 3262(2)/XVII, 
Nov 1949 
ss.1,2,3,4 (i),5 to 8, 13, 14 
and 15 cam e into force on 
Nov. 30,1949 
3.  Jaunsar-Bawar  
pargana of the  
DehraDun 
District 
section 92(1) of 
the Govt. of India 
Act, 1935 
Not no. 3479/XXII 
1951/1940,d. Jan. 16 
1941, in Gaz.d Jan. 
18, 1,4 pt.I, p, 21. 
January 18, 1941. 
4. Mirzapur District 
south o f the 
Kaimur Rang 
Ditto Ditto Ditto 
 
 
4.   Subs. by the A.O. 1950 for (the united provinces ) 
14 
 
[The United Provinces First Offenders' Probation Act, 1938]        [Section 2-4] 
 
  (3)  (a) This section shall come into force at once. 
(b) The [State Governmen t]1  may, by notification in the Gazette, direct2 that 
all or any of the remaining provisions of this Act shall come into force in any 
local area on  such date or dates as may be specified in such notification. 
 
Interpretation  
 
 
Act 5 of 1898 
2. In this Act, unless there is anything repugnant in the subject or context---- 
(a) the “code” means the Code to Criminal Procedure, 1898; 
(b) such of the expressions used in this Act as are defined in the Code 
have the meanings assigned to them in the Code. 
 
Powers of 
court to release 
certain 
offenders after 
admonition  
3. In any case in which a person is found guilty of the offences 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, antecedents or physical or mental condition of the offender and to 
the trivial nature of the offence or any extenuating circumstances under which 
the offence was committed instea d of sentencing him to any puni shment, 
release him after due admonition. 
 
Power of court 
to release 
certain 
offenders on 
probation of 
good conduct  
4. (1) When any person is convicted of an offence not publishable with death or 
transportation for life, and no previous conviction is proved against the 
offender, if it appears to the court before which he is convicted, regard being 
had to the age, character, antece dents or physical or mental condition of the 
offender and to the circumstances in which the offence was committed, that 
it is expedient that the offender should be released on probation of good 
conduct, the court may instead of sentencing him at once to an y 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 exceeding three years as the court may direct and in the meantime to 
keep the peace and be of good behavior: 
Provided that the court shall not direct the release of an offender 
under this section unless it is satisfied that the offender, or his surety, has a 
fixed place of abode and regular occupation in the place for which the court 
acts, or in which the offender is likely to liv e during the period named for the 
observance of the conditions: 
 
 
1. Subs. by the A.O. 1950 for (provl.Govt). 
2. Section 2, 3, 4 (1). 5, 6, 7, 8, 13,14 and 15 c ame into force in the whole of the U. P. on Feb. I, 
1939, and ss.4 (2), (3 ) and (4), 9, 10, 11 and 12 came into force in the district of Lucknow, 
Kanpur , Banaras, Allahabad, Agra, Bareil ly and Meerut on March I, 1939, see not.no. 240/VI -
163(1)-37, d. Jan. 23, 1939, In Gaz. 1939, Pt. I, p. 99, ss, 4 (2), {S) and (4) and '.ss. 9, 10, 1l and 
12, came into force in ,the district of Aligarh on July 1, 1941, see.not no. 453/VI-594-41, d.June 
17. 1941in Gaz. 1 941. Pt. I. p. 294; and ss.4(2), (3) and (4) and ss.9, 10, 11 and l2  came into 
force in the districts of Farrukhaba d, Faizabad. Jhansi and Moradabad  on Oct, 1, 1947, see not. 
no. 3588/VI-756-46 , d. Oct.4. 1947. Gaz. Pt. I, p.758, and sections 4 (2), (3) and (4) and Ss. 9, 
10, 11 and 12 came into force in t he districts of Ghazipur, Jalaun  , Dehra Dun and Unnao on 
March I, 1950, see not. no. Pro. 88/Vl-664-46, d. March 1, 1950, Gaz., Pt. I, p. 150.  
 
15 
 
[The United Provinces First Offenders' Probation Act, 1938]    [Section 5-6] 
 
  Provided also that if a person under twenty -one years of age is 
convicted of any offence under  the Indian penal Code, or any other 
enactments prescribed in this behalf under rules  made by the [State 
Government]1 which is punishable with imprisonment not exceeding six 
months the court shall take action under this section unless, for special 
reasons to be recorded in writing, it does not consider it proper to do so. 
(2)  Where the offender ordered to be released under sub -section (1 ) is under 
twenty-four years of age, the co urt may make a supervision or der directing 
that such offender shall be under t he supervision of such probation officer as 
may be named in the order during the period specified therein and imposing 
such other conditions for securing such supervision a s may be specified in the 
order: 
Provided that the period so specified shall not ext end beyond the date 
on which, in the opinion of the court, the offender will attain the age of 
twenty-five years. 
(3)  A court making an order under sub -section (2) shall require the offender, 
before he is released, to enter into a bond, with or without su reties, to observe 
the 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 an order under sub -section (2) shall furnish to the offender 
and the sureties, if any, a notice in writing stating in simple terms the 
conditions of the bond. 
 
Procedure in  
cases sub- 
mitted by  
magistrate not 
empowered to 
act under 
sections 3 and 
4 
5. Notwithstanding anything contained in sections 3 and 4 where any fir st 
offender is found guilty of a n offence by a mag istrate of the thir d class or a 
magistrate of the second class no t specially  empowered by the [State 
Government]1 in this behalf, and the magistrate is of op inion that the powers 
conferred by the said sections should be exercised, he shall record his opinion 
to that effect and submit t he proceedings to a magistra te 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 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.  
 
Powers of  
Appellate 
Courts  
6. (1)   An order under section 3 or section 4 may be made by an appellate court or by 
the High Court when exercising its powers of revision.  
(2)  When an order has been made under section 3, 4 or 5 of this Act in respect of 
an offender, the High Court may on appeal, when  there is a right of appeal to 
such Court or when exercising its powers of revision, set aside such order and, 
in lieu thereof, pass sentence on such offender according to law :  
Provided that it shall not inflict a greater punishment than might have 
been inflicted by the court by which the offender was convicted.  
 
 
 
1.  Subs. by the A. O. 1950 for (Provincial Government).   
16 
 
[The United Provinces First Offenders' Probation Act, 1938]    [Section 7-9] 
 
Procedure in  
case of  
offender 
failing to  
observe 
conditions of  
release  
7. (1)   If the court before which the offender is bound by his bond under section 4 to 
appear for sentenc e wh en called upon, or any court which could have dealt 
with the offend er in respect of his original offence, has reason to bel ieve that 
the offender has failed to observe any of the con ditions of the bond executed 
by him, it may issue a warrant for his apprehension or may, if it think s 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 is concluded or admit him to bail, with 
or without sureties, to appear on the date of hearing.  
(3)  I f the court, a fter hearing the case, is satisfied that the offender has failed to 
observe any of the conditions of the bond 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 respe ct of the first such failure, a penalty not exceeding 
the amount of the fine wh ich may be imposed for the original offence b ut in 
no case exceeding fifty rupees.  
(4)  If a penalty imposed under clause (b) of sub-section (3) is not paid within such 
period as the court may , from time to time, fix, the court, instead of realizing 
the penalty, may sentence the offender for the original offence.  
 
Provisions as 
to bonds  
8. The provisions of s ections 122, 126, 126 -A, 406-A (b) and (c) , 514, 514 -A, 
514-B, 515 of the Code shall, so far as may be, apply in the case of sureties 
offered and bonds given under this Act as if they had been offered and given 
under Chapter VIII of the Code.  
 
Appointment 
of probation 
officers  
9. (1) A probation officer named in an order under section 4 (2) shall be-----  
(a) any person appointed to be a probation officer by the [State 
Government]1, or  
(b) any person provided for this purpose by a society recognized in this 
behalf by the [State Government]1, or  
(c) in exceptional case, any o ther person who, in the opinion  of the 
court, is a fit perso n to act as a probation officer  in the special circumstances 
of the case.  
Explanation-Probation officer may be a person of either sex.  
(2)   In nominating a probation officer, the court shall be guided by any general or 
special instructions the [State Government]1   may issue in this behalf.  
 
 
  
 
1. Subs. by the A. O. 1950 for (Provl. Govt.)   
17 
 
[The United Provinces First Offenders' Probation Act, 1938]               [Section 10-12] 
 
  (3)  A probation officer, in the exercise of his duties under any supervision order, 
shall be subject to the control of the District Magistrate of the district in which 
the offender for the time being resides.  
(4) T he 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 time being resides may at any time, appoint another 
probation officer in the place of the person named in a supervision order :  
Provided that if such person was provided by a society, the proba tion 
officer to be appointed in his place shall also be one provided by such society, 
unless the society is unable  to provide a man suitable in the opinion of such 
court or magistrate to act as a probation officer. 
 
Duties of  
probation 
officers  
10. A probation officer shall, sub ject to rules made under this Act and to t he 
directions of the courts,-  
(a) visit or receive visit s 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 of the bond or bonds executed by 
him ;  
 (c) report to the court as to his behavior; and  
(d) advise, assist and befriend him, and when necessary, en devour to 
find suitable employment for him.  
 
Variation of  
condition of  
probation and  
discharge of  
bonds 
executed by  
offender 
11. The court before which any off ender is bound by his bond under section 4, to 
appear for sentence when called upon --  
(a) may at a ny time, if it appe ars 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 the bond or bonds by extending or 
diminishing the duration thereof (so, however, that it shall not exceed three 
years from the date of the original order and shall not e xtend 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 offi cer and on being  
satisfied that t he conduct of the offender has been such as to make 
unnecessary that he should be kept any longer under supervision, discharge 
the bond or bonds executed by him.  
 
Effect of  
variation of  
bond sureties  
12. (1)  When any condition in a bond is relaxed  under the pro visions of section 11, 
the condition as so relaxed, and not the original condition, shall be binding on 
the sureties to the bond.  
 
18 
 
[The United Provinces First Offenders' Probation Act, 1938]               [Section 12A-15] 
 
  (2)  Where any condition in a bond is made more onerous un der the provisions of 
section 11, such conditio n shall not be binding in the more onerous form on 
any surety to the  bond, unless he has accepted it in writing, but the condition 
in its original form shall continue to bind the surety who has not accepted the 
condition in its more onerous form.  
(3)  Where any additional condition is imposed under the pro visions 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 un der the 
provisions of section 11 , shall affect the liability of any surety to the bond in 
respect of any condition which has not been varied. 
 
Delegation of  
power  
 [12-A The State Government may, by a notification in the official Gazett e, direct 
that all or any of the powers exercisable by it under this Act sha ll, in relation 
to such matters and subject to such conditions, if any, as  may be specified in 
this behalf be exercised also by such officer or authority as may be 
specified.]1 
 
Power of State 
Government to 
make rules  
13. (1)  The [State Government] 2 may, either generally or specially for any area or 
areas in which this  Act is in force, make rules con sistent with this Act for 
carrying out all or any of the purposes thereof.  
(2)  In particular and without preju dice to the generality of the foregoing power, 
such rules may provide for or regulate or prescribe-  
(a) any matters in cidental to the appointment, resignation and r emoval of 
probation officers;  
(b) the payment of remuneration and e xpenses to probation  officers 
appointed by the [State  Government]2 direct, or of a subsidy to any society 
which provides persons for appointment as probation officers;  
(c) the conditions on which  societies may be recognized fo r the purpose 
of clause (b) of sub-section (1) of section 9; and  
(d) the enactments referred to in the second proviso to section 4 (1).  
(3) All rule s made under this sec tion shall be subject to the con dition of previous 
publication.  
 
Saving of the 
operation of  
certain 
enactments  
 
14. Nothing in thi s Act shall affect th e pr ovisions of section 31 of the 
Reformatory Schools Act, 1897.  
 
Repeal  15. Sections 562, 563 and 564 of the Code are hereby repealed. 
 
  
1. Section 12-A ins. by section 2 of U. P. Act VIII of 1958. 
2. Subs. by A. O. l950 for (Provincial Government).  

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