The probation of offenders ordinance 1960

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The Probation of Offenders Ordinance, 1960 is a Pakistani law that allows for the release of certain offenders on probation instead of sentencing them to prison. The ordinance applies to a wide range of individuals, including first-time and juvenile offenders, and emphasizes rehabilitation over punishment for minor crimes. 

Key provisions of the ordinance

The ordinance offers two main types of relief for offenders: 

Absolute or conditional discharge: A court can discharge an offender with an admonition or with the condition that they enter into a bond to keep the peace for up to one year. This is typically for first-time offenders of minor, non-serious crimes.

Release on probation: For more serious offenses, a court can order the offender to be released under the supervision of a probation officer for a period of one to three years, provided they enter into a good behavior bond. 

Conditions for release on probation

For a court to grant a probation order, the offender must enter into a bond, possibly with sureties, promising to avoid further offenses and maintain good behavior. Additional conditions can be included for rehabilitation purposes, and the offender or a surety must have a stable residence or job within the court's jurisdiction. 

Eligibility criteria

Eligibility for probation depends on gender and the offense. Male offenders are eligible for all offenses except those punishable by death or life imprisonment, or specific serious crimes in the Pakistan Penal Code like offenses against the state or heinous crimes. Female offenders are eligible for any offense not punishable by death. 

Role of probation officers

Probation officers play a vital role by preparing social investigation reports for the court, supervising and monitoring offenders on probation, and providing guidance and assistance for rehabilitation. 

Consequences of non-compliance

If an offender violates their bond conditions, the court can issue an arrest warrant or summons, sentence the offender for the original offense, or impose a fine. 

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