Probation of Offenders Ordinance, 1960
Summary
This 1960 ordinance lets courts avoid immediately sentencing a convicted offender in appropriate cases, instead releasing them on probation or with a conditional discharge, so they can be rehabilitated under supervision rather than automatically going to prison. Section 3 lists which courts can use these powers -- High Courts, Courts of Session, Magistrates of the First Class, and any other magistrate specially empowered -- whether the case is at first hearing, on appeal, or in revision.
Section 4 covers 'conditional discharge': where someone with no prior conviction is convicted of an offence punishable with up to two years' imprisonment, and the court decides (considering the offender's age, character and circumstances, and the nature of the offence) that punishment isn't appropriate, the court can discharge them after admonition, or discharge them subject to a bond to behave well and commit no offence for up to one year.
Section 5 covers full 'probation orders': for most offences (excluding certain serious ones under Chapters VI/VII of the Pakistan Penal Code and specific sections dealing with things like robbery and dacoity, and excluding offences carrying death or life imprisonment for male offenders), the court can place the offender under a probation officer's supervision for between one and three years instead of sentencing them, provided the offender enters into a bond to keep the peace and be of good behaviour, and has a fixed home or steady occupation. Section 6 lets the court also order the offender to pay compensation or costs, capped at the amount of fine that could otherwise have been imposed for that offence.
If an offender breaks the terms of their bond, Section 7 lets the court either sentence them for the original offence or impose a fine of up to one thousand rupees. Section 8 governs how appeal or revision courts can deal with cases where a lower court made a discharge or probation order. Section 10 allows the supervising court to vary the bond's conditions later (though never below one year or above three years total), and Sections 12-13 set out how probation officers are appointed and what their duties are -- visiting the offender, monitoring compliance with bond conditions, reporting to the Officer-in-charge, and helping the offender find suitable employment.
Under Section 11, being discharged or placed on probation under this Ordinance generally isn't treated as a 'conviction' for most other legal purposes (like disqualifications tied to having a criminal record), though this protection stops applying if the person is later actually sentenced for that same offence. This is an older ordinance (1960) that has had some provisions omitted or amended (in 1964, 1981 and 2002); its rupee-denominated fine caps in Sections 6 and 7 reflect that older text and should be checked against current law if relied on precisely.