The concept of probation was introduced to Pakistan, then part of British India, in 1923. This initial system amounted to binding over some first-time offenders, without supervision by probation staff, and applied chiefly to young offenders. Reforms and extension to adult offenders were considered but not implemented under British rule, although a form of "probational release" or parole from longer prison sentences was introduced in the then province of Punjab in 1926.

The current probation system originates from legislation introduced in independent Pakistan in 1960. This provides two alternatives to a prison sentence: conditional discharge or a probation order. Probation may apply to convicts of any age, but is excluded in the case of specified serious offences. The court's decision on the suitability of probation is informed by reports from the police and probation service. The probation order requires that the subject is bound-over not to re-offend, and places him or her under the supervision of a probation officer for between one and three years, sometimes with extra conditions on place of residence and other behaviours.

Further legislation in 2000 expands the role of the probation service in investigating the cases of young offenders. Parole continues as a separate system.

British India Prior to Pakistan's Independence in August 1947, Pakistan was part of British India. As the system of probation was established in Europe, the British colonial rulers amended the Code of Criminal Procedure (India) 1898 (Act V) in 1923 by the insertion of sections 380 and 562 to 564, introducing the concept of probation to 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.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 meantime 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 under the Probation of Offenders Ordinance 1960,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 were considered 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”. the introduction of probation legislation for adult offenders on the lines of the British Probation of Offenders Act 1907, 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 British 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.

The Good Conduct Prisoners Probational Release Act

The Government of the Punjab in 1926 passed the Good Conduct Prisoners Probational Release Act. It provided protection as well as guidance to the prisoner for his readjustment and rehabilitation in a free life. This system worked well and was adopted by the Government of West Pakistan in 1957. But its provision had a limited scope in that it failed to apply to cases involving short-term sentences, ranging from one month or less to one year.

Secondly, the provisions of the Act could be availed of only by those convicted persons who had already gone through the rigors of prison life and thus had already been tainted with the stigma of spending time in prison.

The Reclamation and Probation Department of the then West Pakistan Province prepared two draft legislations on an all-Pakistan basis to introduce the concept of probation in the country but could not introduce these laws in the Parliament for reasons best known to the then Governments.

The Probation of Offenders Ordinance 1960 (No XLV)

Eventually, it was the martial law government of Ayub Khan that introduced Pakistan's first probation law in the shape of the Probation of Offenders Ordinance 1960 (No XLV) at the Federal level. The law extended to the whole of Pakistan; and was notified to come into force effective July 1, 1961 for the Province of West Pakistan.Section 1 The Probation of Offenders Ordinance 1960 (No XLV), Section 1. The law was the first of its kind in Pakistan, and is still in force.

The 1960 Ordinance provides for two kinds of relief for the offenders which covers juveniles as well. In the first instance, the offender could be conditionally discharged or alternatively, he or she could be released on probation.

Conditional Discharge

An order for conditional discharge could be given either after a simple due admonition, or by making an order discharging him or her subject to the condition that the offender enters into a bond, with or without sureties,section 4 The Probation of Offenders Ordinance 1960 (No XLV) for committing no offense and observing good behavior during such period not exceeding one year from the date of the order.section 4(b), The Probation of Offenders Ordinance 1960 (No XLV) Such an order could be made in respect of a person who had not been previously convicted, and is now convicted by the court for an offense punishable with imprisonment not exceeding two years. The court in this regard is required to look into the offender's age, character, antecedents and physical or mental condition; and the nature of the offense or any extenuating circumstances attending the commission of the offense. Before making an order for conditional discharge, the court should also explain to the offender in ordinary language that if he or she commits any offense or does not remain of good behavior during the period of conditional discharge he or she could be liable to be sentenced for the original offense. Where a person who is conditionally discharged is sentenced for the offense in respect of which the order for conditional discharge was made, that order ceases to have effect.

This provision relating to conditional discharge is useful in offenses of trivial nature or where the offense is committed under peculiar circumstances where no punishment is warranted or the crime involved is such that it is not expedient to place the person on probation or the court is of the opinion that probation would unnecessarily burden the work of a probation officer, particularly at the cost of the other probationers who deserve such handling.Section 5, The Probation of Offenders Ordinance 1960 (No XLV)

While this provision permits in suitable cases the absolute discharge with admonition of an offender, it provides for other cases where the court may consider necessary in view of the circumstances of the case to bind the offender with a bond, with or without sureties, not to commit any offense and to be of good behavior during such period not exceeding a year. If the offender fails to observe any of the conditions of his or her bond, the court can issue a warrant for his or her arrest and can also summon the offender and the sureties.Section 7 The Probation of Offenders Ordinance 1960 (No XLV) Upon the offender appearing in the court, the court can either remand the offender to judicial custody until the case is heard or admit him or her to bail. After hearing the case, the court can sentence the offender for the original offense; or impose upon the offender a fine not exceeding Rs 1,000.

Supervision of a Probation Officer

A court is also empowered under this law to make a probation order in certain cases. Instead of sentencing the person, the court can, for reasons recorded in writing, can place him or her under the supervision of a probation officer for a maximum period of three years and for a minimum period of one year.Section 5(b)The Probation of Offenders Ordinance 1960 (No XLV) However, malesSection 5(a) The Probation of Offenders Ordinance 1960 (No XLV) convicted of an offense under chapters VI or VII of the Pakistan Penal Code 1860 (No XLV), or under certain specified sections of the PPCSection 216-A, 328, 382, 386, 387, 388, 389, 392, 393, 397, 398, 399, 401, 402, 455, 458 or an offense punishable with death or transportation for life; or females. convicted of an offense punishable with death are not entitled to probation under the 1960 Ordinance.

The court, however, cannot pass a probation order unless the offender enters into a bond, with or without sureties, pledging not to commit an offense and to keep the peace and be of good behavior during the period of the bond; and to appear and receive sentence if called upon to do so during that period. The court also should not pass a probation order unless it is satisfied that the offender or one of his sureties, if any, has a fixed place of abode or a regular occupation within the local limits of its jurisdiction and is likely to continue in such place of abode or such occupation, during the period of the bond.

The court can also direct that the bond should contain such conditions, as in its opinion, are necessary for securing supervision of the offender by the probation officer; and also such additional conditions with respect to residence, environment, abstention from intoxicants and any other matter which the court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offense or a commission of other offenses by the offender and for rehabilitating him as an honest, industrious and law-abiding citizen.Section 5(2) The Probation of Offenders Ordinance 1960 (No XLV) If an offender is sentenced for the offense in respect of which a probation order was made, then the probation order ceases to have effect.Section 5(3) The Probation of Offenders Ordinance 1960 (No XLV)

Age and health considerations

The provisions of the 1960 Ordinance do not take into consideration factors like age and health. It does not, however, mean that juvenile offenders are not entitled to probation. It simply implies that the court is not expected to take this account as a factor justifying grant of probation.