The Telangana Probation of Offenders Act, 1936.

THE TELANGANA PROBATION OF OFFENDERS ACT, 1936. 

(ACT NO. III OF 1937) 

ARRANGEMENT OF SECTIONS 

Sections 

1. Short title, extent and commencement. 

2. Interpretation. 

3. Power of court to release certain offenders after 
admonition. 

4. Power of court to release certain offenders on 
probation of good conduct. 

5. Procedure in cases submitted by Magistrates not 
empowered to act under sections 3 and 4. 

6. Powers of Appellate Courts. 

7. Procedure in case of offender failing to observe 
conditions of release. 

8. Provision as to bonds. 

9. Appointment of Probation officers. 

10. Duties of probation officers. 

11. Variation of conditions of probation and discharge 
of bonds executed by offender. 

12. Effect of variation of bond on sureties. 

12-A. Removal of disqualification attaching to conviction 
for offences. 

13. Power of State Government to make rules. 

14. Saving of the operation of certain enactments. 

15. Saving of the jurisdiction of the High Court. 

 



THE TELANGANA PROBATION OF OFFENDERS  
ACT, 1936.1 

 
ACT No. III OF 1937. 

 
1. (1) This Act may be called 2[the Telangana Probation of 
Offenders Act, 1936.] 
 
 (2) It extends to the whole of the 3[State of Telangana.] 
 
 (3) (a) This section shall come into force at once. 
 
  (b) The State Government may, by notification in the 
Official Gazette, direct that all or any of the remaining 
provisions of this Act shall come into force in any local area 
on such date as may be specified in such notification. 
 
2. In this Act, unless there is anything repugnant in the 
subject or context,– 
 
 (a) the ―Code‖ means the Code of Criminal Procedure, 
1898; and 
 
 (b) expressions used but not defined in this Act and 
defined in the Code have the meanings assigned to them in 
the Code. 
 

                                                           
1. The Andhra Pradesh Probation of Offenders Act, 1936 in force in the 
combined State, as on 02.06.2014, has been adapted to the State of 
Telangana, under section 101 of the Andhra Pradesh Reorganisation 
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws 
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 
01.06.2016. 
2. Substituted for the original short title by the First Schedule to the 
Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra 
Pradesh Act IX of 1961) and substituted by G.O.Ms.No.45, Law (F) 
Department, dated 01.06.2016. 
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 

Short title, extent 
and 
commencement. 

Interpretation. 



2  [Act No.III of 1937] 

3. In any case in which a person is found guilty of the 
offence 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. 
 
4. (1) When any person not under twenty-one years of 
age is found guilty of an offence punishable with 
imprisonment for not more than seven years, or when any 
person under twenty-one years of age or any woman is 
found guilty of an offence not punishable with death or 
transportation for life, and no previous conviction is proved 
against the offender, if it appears to the court by which he is 
found guilty, regard being had to the age, character, 
antecedents or physical or mental condition of the offender 
and to the circumstances in which the offence was 
committed, that it is expedient that the offender should be 
released on probation of good conduct, the court may, 
instead of sentencing him at once to any punishment, direct 
that he be released on his entering into a bond, with or 
without sureties, to appear and receive sentence when 
called upon during such period not exceeding three years 
as the court may direct, and in the mean time to keep the 
peace and be of good behaviour: 
 
 Provided that the court shall not direct the release of an 
offender under this section, unless it is satisfied that the 
offender or one of his sureties (if any) has a fixed place of 
abode or regular occupation in the place for which the court 
acts or in which the offender is likely to live during the period 
named for the observance of the conditions. 

Power of court to 
release certain 
offenders on 
probation of good 
conduct. 

Power of court to 
release certain 
offenders after 
admonition. 



[Act No.III of 1937]  3 

 (2) Where the offender referred to in sub-section (1) is 
under twenty-four years of age, the court may make a 
supervision order directing that such offender shall be under 
the supervision of such probation officer as may be named 
in the order during the period specified therein and 
imposing such other conditions for securing such 
supervision as may be specified in the order: 
 
 Provided that the period so specified shall not extend 
beyond the date on which, in the opinion of the court, the 
offender will attain the age of twenty-five years. 
 
 (3) A court making a supervision order under sub-
section (2) shall require the offender, before he is released, 
to enter into a bond, with or without sureties, to observe the 
conditions specified in such order and such additional 
conditions with respect to residence, abstention from 
intoxicants and any other matters as the court may, having 
regard to the particular circumstances of the case, consider 
fit to impose for preventing a repetition of the same offence 
or a commission of other offences by the offender. 
 
 (4) A court making a supervision order shall furnish to 
the offender and the sureties, if any, a notice in writing 
stating in simple terms the conditions of the bond. 
 
5. Notwithstanding anything contained in sections 3 and 
4, where any first offender is found guilty of an offence by a 
Magistrate of the third class, or a Magistrate of the second 
class not specially empowered by the State Government in 
this behalf, and the Magistrate is of opinion that the powers 
conferred by the said sections should be exercised, he shall 
record his opinion to that effect and submit, the proceedings 
to a Magistrate of the first class or Sub divisional Magistrate, 
forwarding the accused to, or taking bail for his appearance 
before such Magistrate, who may thereupon pass such 
sentence or make such order as he might have passed or 

Procedure in 
cases submitted 
by Magistrates not 
empowered to act 
under sections 3 
and 4. 



4  [Act No.III of 1937] 

made if the case had originally been heard by him, and, if he 
thinks further inquiry or additional evidence on any point to 
be necessary, he may make such inquiry or take such 
evidence himself or direct such inquiry or evidence to be 
made or taken. 
 
6. An order under section 3 or section 4 may be made by 
an Appellate Court. 
 
7. (1) If the court before which the offender is bound by 
his bond under section 4 to appear for sentence when 
called upon, or any court which could have dealt with the 
offender in respect of his original offence, has reason to 
believe that the offender has failed to observe any of the 
conditions of the bond or bonds executed by him, it may 
issue a warrant for his apprehension, or may, if it thinks fit, 
issue a summons to the offender and his sureties, if any, 
requiring him or them to attend before it at such time as may 
be specified in the summons. 
 
 (2) The court before which an offender is so brought or 
appears may either remand him to custody until the case is 
concluded, or admit him to bail, with or without sureties, to 
appear on the date of hearing. 
 
 (3) If the court, after hearing the case is satisfied that 
the offender has failed to observe any of the conditions of 
the bond or bonds executed by him, it may forthwith,— 
 
  (a) sentence him for the original offence, or 
 
  (b) without prejudice to the continuance in force of 
the bond or bonds, impose upon him, in respect of the first 
such failure, a penalty not exceeding the amount of fine 
which may be imposed for the original offence but in no 
case exceeding fifty rupees. 
 

Powers of 
Appellate Courts. 

Procedure in case 
of offender failing 
to observe 
conditions of 
release. 



[Act No.III of 1937]  5 

 (4) If a penalty imposed under clause (b) of sub-section 
(3) is not paid within such period as the court may fix, the 
court may sentence the offender for the original offence. 
 
8. The provision of sections 122, 126, 126-A, 406-A (b) 
and (c) 514, 514-A, 514-B and 515 of the Code, shall, so far 
as may be, apply in the case of sureties given under this 
Act. 
 
9. (1) A probation officer named in a supervision order 
may be,- 
 
  (a) any person appointed to be a probation officer by 
the State Government or a person authorized by them, or 
 
  (b) any person provided for this purpose by a society 
recognized in this behalf by the State Government, or 
 
  (c) in any exceptional case, any other person who, in 
the opinion of the court, is a fit person to act as a probation 
officer in the special circumstances of the case. 
 
 Explanation:- A probation officer may be a person of 
either sex. 
 
 (2) In naming a probation officer in a supervision order, 
the court shall be guided by any general or special 
instructions the State Government may issue in this behalf. 
 
 (3) A probation officer, in the exercise of his duties 
under any supervision order, shall be subject to the control 
of the District Magistrate of the district in which the offender 
for the time being resides. 
 
 (4) The court before which an offender is bound by his 
bond to appear for sentence when called upon, or the 
District Magistrate of the district in which the offender for the 

Provision as to 
bonds. 

Appointment of 
Probation officers. 



6  [Act No.III of 1937] 

time being resides, may at any time appoint another 
probation officer in the place of the person named in a 
supervision order. 
 
 4[Explanation:- For the purposes of this section, the 
cities of Hyderabad and Secunderabad shall be deemed to 
be a district and the Commissioner of City Police shall be 
deemed to be the District Magistrate of that district.] 
 
10. A probation officer shall, subject to rules made under 
this Act and to the directions of the court,- 
 
 (a) visit or receive visits from the offender at such 
reasonable intervals as may be specified in the supervision 
order, or subject thereto, as the probation officer may think 
fit; 
 
 (b) see that he observes the conditions of the bond or 
bonds executed by him; 
 
 (c) report to the court as to his behaviour; and 
 
 (d) advise, assist and befriend him, and when 
necessary endeavour to find suitable employment for him. 
 
11. The court before which any offender is bound by his 
bond under section 4 to appear for sentence when called 
upon,– 
 
 (a) may at any time if it appears, upon the application 
of the probation officer, that it is expedient that the bond or 
bonds executed by the offender should be varied, summon 
him, and if he fails to show cause why such variation should 
not be made, vary the bond or bonds by extending or 
                                                           
4. Explanation was added by section 3 of the Schedule to the Andhra 
Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act, XXIII of 
1958). 

Duties of 
probation officers. 

Variation of 
conditions of 
probation and 
discharge of 
bonds executed 
by offender. 



[Act No.III of 1937]  7 

diminishing the duration thereof (so, however, that it shall 
not exceed three years from the date of the original order 
and shall not extend beyond the date on which, in the 
opinion of the court, the offender shall attain the age of 
twenty-five years), or by altering the conditions thereof or by 
inserting additional conditions therein, or 
 
 (b) may, on application made by the probation officer 
and on being satisfied that the conduct of the offender has 
been such as to make it unnecessary that he should be kept 
any longer under supervision, discharge the bond or bonds 
executed by him. 
 
12. (1) When any condition in a bond is relaxed under the 
provisions of section 11, the condition as so relaxed and not 
the original condition shall be binding on the sureties to the 
bond. 
 
 (2) Where any condition in a bond is made more 
onerous under the provisions of section 11, such condition 
shall not be binding in the more onerous form on any surety 
to the bond, unless he has accepted it in writing, but the 
condition in its original form shall continue to bind any 
surety who has not accepted the condition in its more 
onerous form. 
 
 (3) Where any additional condition is imposed under 
the provisions of section 11, such additional condition shall 
not be binding on any surety to the bond unless he has 
accepted it in writing. 
 
 (4) No variation in, or addition to, the conditions of any 
bond made under the provisions of section 11, shall affect 
the liability of any surety to the bond in respect of any 
condition which has not been varied. 
 

Effect of variation 
of bond on 
sureties. 



8  [Act No.III of 1937] 

12-A. Any person who is found guilty of an offence and is 
dealt with under the provisions of this Act shall not suffer 
any disqualification attaching to a conviction for the offence: 
 
 Provided that this section shall not apply to a person 
released on probation if subsequent to such release he was 
sentenced under sub-section (3) of section 7 or a penalty 
was imposed on him under that sub-section. 
 
13. (1) The State Government may, either generally or 
specially for any area or areas in which this Act is in force, 
make rules consistent with this Act for carrying out all or any 
of the purposes thereof. 
 
 (2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for or 
regulate,- 
 
  (a) any matters incidental to the appointment, 
resignation and removal of probation officers; 
 
  (b) the payment of remuneration and expenses to 
probation officers or of a subsidy to any society which 
provides persons for appointment, as probation officers; 
and 
 
  (c) the conditions on which societies may be 
recognized for the purposes of clause (b) of sub-section (1) 
of section 9. 
 
 (3) All rules made under this section shall be subject to 
the condition of previous publication. 
 
 

Removal of 
disqualification 
attaching to 
conviction for 
offences. 

Power of State 
Government to 
make rules. 



[Act No.III of 1937]  9 

14. Nothing in this Act shall affect the provisions of section 
31 of the Reformatory Schools Act, 1897, or 5[the Andhra 
Pradesh (Andhra Area) Children Act, 1920] or 6[the 
Telangana Borstal Schools Act, 1925]. 
 
15. Nothing in this Act shall be deemed in any way to affect 
or derogate from the jurisdiction of the High Court. 
 

* * * 

                                                           
5. Andhra Area Act repealed by Act No.26 of 1979. 
6. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 

Saving of the 
operation of 
certain 
enactments. 

Saving of the 
jurisdiction of the 
High Court. 


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