Section 2 in Good Conduct Prisoners' Probational Release Act, 1938
2. Power of Government to release by licence on conditions imposed by it.
(1)Notwithstanding anything contained in Section 401 of the Code of Criminal Procedure, 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the State Government from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead a useful and industrious life, if he is released from prison, the State Government may by licence permit him to released on conditions-(a)that he be placed under the supervision or authority of a servant of the Government or a secular institution or of a person, or society professing the same religion as the prisoner, named in the licence and wiling to take charge of him ; and(b)that the gives an undertaking in writing to conform to the terms of his licence.Explanation. - The expression "sentence of imprisonment" in the section shall in case of person under 21 years of age, includes imprisonment in default of payment of fine and imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure, 1898.(2)The State Government may grant leave by a licence to a person who has been confined in prison under a sentence of imprisonment for such period as may be specified in the licence and for such purposes as may be prescribed by rules made under this act, on being satisfied, after taking into consideration his antecedents, conduct in prison, nature, of the offence and the manner in which he committed it, that he is released from prison, not likely to commit a crime within the period of the leave.
