The Madhya Pradesh Prisoners (Release on Probation) Act, 1954

(1) This Act may be cited as the Madhya Pradesh Prisoners Release on Probation Act, 1954. (2) It extends to the whole of Madhya Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint.

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 State Government from his antecedents and his conduct in the prison that he is likely to abstain from crime and lead a peaceable life, if he is released from prison, the State Government may by licence permit him to be released on condition that he be placed under the supervision or authority of any Government Officer or of a secular institution or of a person or society professing the same religion as the prisoner, willing to take charge of him.

The period for which a prisoner is released under the provisions of section 2 shall count as part of the sentence served by him.

(1) The State Government may at any time revoke a licence granted under section 2 if it appears to them that the person to whom the licence has been granted has failed to observe any of the conditions thereof or has been guilty of conduct such as to satisfy the State Government that he is likely to commit an offence. (2) If a licence is revoked under sub-section (1), the person to whom it was granted shall be liable to be arrested by any police officer without warrant and shall be remanded to undergo the unexpired portion of his original sentence.

(1) Any person who is released on licence under the provisions of this Act and who escapes from the supervision or authority of the Government Officer, institution or person under whose care he has been placed, or who commits a breach of any of the conditions specified in the licence, shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. (2) An offence under sub-section (1) shall be cognizable and bailable and shall be triable by a Magistrate of the First Class as defined in the Code of Criminal Procedure, 1898 (Code of Criminal Procedure, 1973).

(1) The State Government may, at any time, absolutely and unconditionally remit the whole or any part of the remaining sentence of a prisoner released under section 2. (2) The provisions of sections 401, 402, 514, 514-A, 514-B and 515 of the Code of Criminal Procedure, 1898 (Code of Criminal Procedure, 1973) shall, as far as may be, apply to any remissions granted under this Act.

(1) The State Government may make rules to carry out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for (a) the form and conditions of licences to be granted under section 2; (b) the period for which licences may be granted; (c) the conditions under which the prisoners may be placed under the supervision of a person or institution; (d) the appointment of probation officers; (e) the discharge of the duties of the probation officers; (f) regular checks on the released prisoners; (g) any other matter necessary for the implementation of the Act.

The Central Provinces and Berar Prisoners Release on Probation Act, 1937, and all other laws corresponding thereto in force in any region of the State of Madhya Pradesh shall, on the commencement of this Act, stand repealed.