|
== British India == Prior to independence in August 1947, Pakistan was part of British India. As the system of probation started to get established in Europe, the British colonial rulers amended the Code of Criminal Procedure 1898 (Act V) in 1923 by the insertion of sections 380 and 562 to 564 to introduce for the first time the concept of probation in the Indian Subcontinent.〔The Code of Criminal Procedure (Amendment) Act 1923 (18 of 1923)〕 These new sections provided for the release of offenders "on probation of good conduct" but failed to make provision for any system of supervision. The insertions were also restricted to the first-offenders and confined to some extent with respect to the legal character of the offense, provision being made for more liberal application of the measure in respect of minors and women.Sections 380; 562 to 564, Code of Criminal Procedure 1898.〔Section 380, and Sections 562 to 564, The Code of Criminal Procedure 1898 (No V)〕 The procedure provided by the amending legislation in 1923 involved the release of offenders on their entering into a bond, without sureties; to appear for sentence when called upon during a period, not exceeding three years, as determined by the court; and "in the mean time to keep the peace and be of good behavior.〔Section 380, The Code of Criminal Procedure 1898 (No V)〕 The Code's section 562, which now stands repealed,〔Repealed by the Probation of Offenders Ordinance 1960 (No XLV).〕 provided the Court with various alternatives while dealing with a juvenile offender. These options included whipping; imposition of fine or security; treatment under section 31 of the Reformatory Schools Act 1897(No VIII)〔British Probation of Offenders Act 1907〕 detention in a Reformatory School; or ordering imprisonment. Some High Courts recommended to the concerned magistrates that if the offender was not convicted of murder or any other flagrant offense and did not show any marked criminal tendencies, then the courts should make free use of the section 562 provisions.〔 The magistrates were asked to refrain from sending boys of tender age to the Borstal institutions or Reformatory Schools. Young boys are out of place in Borstal institutions because they are likely to interact with older boys up to the age of 21 years in such institutions. During the years following the amendments of the Code of Criminal Procedure in 1923,〔Anees Jillani, “Cries Unheard”, page 181,〕 the introduction of probation legislation for adult offenders on the lines of the British Probation of Offenders Act 1907,〔page 181 “Cries Unheard" by Anees Jillani.〕 〔Good Conduct Prisoners Probationer Release Act by Government of Punjab in 1926.〕 also repeatedly came under consideration. Ultimately in 1930, the Government of British India announced its intention to do so. In 1931 an All-India Probation Bill was drafted by the British and circulated to the Provincial Governments for their review.However, the bill never became a law partly due to lack of interest on the part of the rulers and partially due to the political upheaval that the whole country was undergoing at that time.〔 Nevertheless, during the period 1930 to 1940, several Provinces of undivided India like Bengal, Bombay, Punjab, Madras, Nagpur, and the United Provinces, perhaps inspired by this draft bill, made statutory provisions for the probation system on Provincial basis.〔Anees Jillani, “Cries Unheard”, page 181〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Probation in Pakistan」の詳細全文を読む スポンサード リンク
|