(1) This Act may be called the United Provinces First Offenders' Probation Act,
1938.
(2) It extends 3 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 came 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 of 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 Government] 1 may, by notification in the Gazette, direct 2 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 instead of sentencing him to any punishment, release him after due admonition.
Power of court to release certain offenders on probation of good conduct