Section 285 · Paragraph 276. Conditional discharge of a convicted person

Under Section 432 of the Indian Penal Code read with paragraphs 189, 201, 202, 203, 204 and 205 of the Uttar Pradesh Jail Manual (1941), a convicted person may be released before the expiry of his sentence on certain conditions which may be in Form 'A' or 'B' and which must be accepted by the convicted person before his release.
The conditions in Form 'A' require that during the period of conditional remission of sentence:-
(1) The convicted person shall not commit any offence punishable under any law in force in British India or any Indian State.
(2) He shall not associate with any person known to be of bad character nor shall he lead any bad and immoral life.
(3) He shall reside at such place in the specified district as the Magistrate of that district may from time to time direct and shall not leave or be absent from the limits of that place without the written consent of the Magistrate or Superintendent of Police of the district in which he is required to reside.
(4) Unless exempted from doing so by the District Magistrate, he shall periodically report himself at such place, at such time, and before such officer as may from time to time be prescribed by the Magistrate or Superintendent of Police of the district in which he is required to reside.
(5) He shall submit to and comply with the police surveillance requirements for conditionally discharged convicts.
Under paragraphs 203 and 205 of the Jail Manual, the Superintendent of Jail must give at least two days' notice to the Superintendent of Police of the conditional discharge of a convicted person and select a day for his release which is not a court holiday. When the Superintendent of Police receives information, he should depute a guard as provided in Rule 165 of Guard and Maintenance to bring the prisoner to the Superintendent of Police or other officer in charge of Headquarters on the day of release. The Superintendent of Police shall assign to the convicted person the village or locality in which he is to reside, and thereafter, until the expiry of the sentence (or, if the sentence so directs, for life), the rules governing police surveillance of members of criminal tribes liable to the provisions of Section 10(1)(b) of the Criminal Tribes Act (Sixth of 1924) and whose activities have been restricted under Section 11 of that Act shall apply to him. The Superintendent of Police shall discharge the convicted person after presenting him before the Magistrate for execution of the final certificate on the back of Form A. The conditions in Form B require only that the convicted person shall proceed only to the specified State or to the State of the political officer of that State and shall not re-enter the territory of British India without the written permission of the specified officer.
Any person released under conditions A or B who is found to have violated these conditions may be arrested by any police officer without a warrant. The case of a convicted person so arrested must be reported to the District Magistrate, who may order his detention in custody pending the Government's order revoking his remission. A convicted person whose remission has been revoked may then be remanded to serve the expiry of his sentence under Section 43 of the Code of Criminal Procedure.
The supervision exercised over convicted persons discharged under the conditions of the draft under Section 432 of the Code of Criminal Procedure and over convicted persons in respect of whom an order has been passed under Section 356 of the Code of Criminal Procedure shall be the same as that exercised over members of Criminal Tribes subject to the same restrictions, although there shall be no register of such convicts. Separate registers for both these cases shall be maintained in the prescribed format at the police station and by the Criminal Tribes Sub-Inspector at headquarters. Details of those convicted in respect of whom an order has been passed under Section 356 of the Code of Criminal Procedure shall be entered in the appropriate register at the time of conviction. The Superintendent of Police's attention is drawn to the importance and utility of Section 356 of the Code of Criminal Procedure. In every case in which it may be applicable, the Public Prosecutor should be directed to approach the court with an application for an order under it.