Order 28 - Recognisances Under The Probation Of Offenders Act, 1907
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No28-S.I. No. 544 Of 2006: District Court (Probation Of Offenders) Rules 2006
1. A recognisance under the Probation of Offenders Act, 1907, shall be in accordance with Form 28.1 Schedule B.
Breach of recognisance
2. Where a person is bound by a recognisance entered into by him or her under the law relating to the Probation of Offenders to appear for conviction or sentence when called on, a Judge on being satisfied by information on oath ( Form 28.2 Schedule B) that such person has failed to observe a condition of the recognisance, may issue a warrant ( Form 28.3 Schedule B) to arrest such person, or, if he or she thinks fit, instead of issuing a warrant in the first instance may issue a summons ( Form 28.4 Schedule B) requiring such person to appear at a court and on a date and at a time specified in the summons, and may also by the said summons, if he or she thinks fit, direct such person's sureties (if any) to appear at the said court.
Procedure on arrest
3. When such person is arrested he or she shall, if not brought forthwith before the court before which he or she is bound by the said recognisance to appear, be brought before a Judge in the district where he or she has been arrested, and such Judge may remand such person in custody or on bail to appear before the court before which he or she is bound by the said recognisance to appear.
4. Where the court before which such person is summoned to appear is not the court before which he or she is bound by the said recognisance to appear, the Judge before whom such person appears in answer to the summons may remand him or her in custody or on bail to appear before such last mentioned court.
5. A Judge shall not remand a person in custody for a period exceeding eight days.