The Probation

of Offenders Yalini Meenakshi S

40321111115

Act, 1958 3rd Sem LLb

01
 Contents

Introduction The Probation of Offenders Act, 1958

Objective Case Laws

Probation Officer Sec 13 & 14

Power of the Court Section 3, 4, 5, 6, 8 & 9

Miscellaneous Section 10 - 19
 What does
Probation mean
????
 The Probation of Offenders Act, 1958

Objectives Salient Features

Reformative Theory
Young offenders < 21
Release of 1st Offenders after due admonition
First time Offenders only for offenses under Sec 379, 380, 381, 404
Second Chance or 420 of IPC
Accidental Offender – Habitual Court empowered to release offenders on
or Hardened Offender probation of good conduct if the punishment is
not death or life imprisonment
Avoid Economical Burdon on the
Order payment by offenders
society Protection
Rehabilitation Probation – not matter of right – discretion of
Observed Condition court
Admonition Circumstance and environment of the crime will
be considered.
 ”

Case Laws
1. Kishore Prasad Vs. State of Bihar (1973)
2. Aravind Mohan Sinha Vs. Mulya Kumar Biswas
(1974)
 The Probation of Offenders Act, 1958
1 2
Definitions.—(a) “Code” means the Code of Criminal Procedure, 1898
(5 of 1898);
Short title, extent and commencement.—(1) This Act may be called the (b) “probation officer” means an officer appointed to be a probation
Probation of Offenders Act, 1958. officer or recognized as such under section 13;
(2) It extends to the whole of India except the State of Jammu and (c) “prescribed” means prescribed by rules made under this Act;
Kashmir. (d) words and expressions used but not defined in this Act and
(3) It shall come into force in a State on such date as the State defined in the Code of Criminal Procedure, 1898 (5 of 1898), shall
have the meanings respectively assigned to them in that Code.
Government may, by notification in the Official Gazette, appoint, and
different dates may be appointed for different parts of the State.
Powers of the Court
Probation OfficerSec
3,4,5,6,8
Sec – 13,&14,9 7
 Probabtion Officer
Sec 13
1. A probation officer under this act shall be
a) A person appointed or recognized by the state government
b) A person provided for this purpose by a society recognized by the state government
c) Any other person who in the opinion of the court is fit to act as a probation officer in the
special circumstance of the case
2. A Court which passes an order under section 4 of the act or the District Magistrate of the
district in which the offenders for the time being resides may, at any time, appoint any
probation officer in the place of the person named in the supervision order.
3. A probation officer, in the exercise of his duties under this act shall be subject to the control
of the district magistrate of the district in which the offenders for the time being resides.
Duties / Functions of Probabtion OfficerSec 14

a) Inquire, in accordance with any directions of a court, into the circumstances or

home surroundings of any person accused of an offence with a view to assist the
court in determining the most suitable method of dealing with him and submit
reports to the court
b) Supervise probationers and other persons placed under his supervision and, where
necessary, endeavor to find them suitable employment
c) Advise and assist offenders in the payment of compensation or costs ordered by the
Court
d) Advise and assist, in such cases and in such manner as may be prescribed,
persons who have been released under section 4;
e) Perform such other duties as may be prescribed.
Probabtion Officer’s Report

1. Immediately after the appointment, the Probation officer should get the
statement in Form II containing particulars of the offender
2. Probation officer in return should send a report stating the conduct and mode
of life of the probationer along with his general progress.
3. Such monthly are confidential/ Not to be used in open court/ not to be
published (Sec-7)
4. On the failure of bond by the probationer, it should be reported immediately
to the court which has granted the probation of good conduct as well as the
District Magistrate Court
5. Report to Chief Probation Superintendent
Powers of the Court Sec
3,4,5,6,8 & 9
Power of the court to release certain offenders after admonitionSec - 3

1. When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or
section 404 or section 420 of the Indian Penal Code, (45 of 1860)
2. Any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any
other law
3. No previous conviction is proved against him and
4. The court by which the person is found guilty is of opinion that, having regard to
1. the circumstances of the case
2. the nature of the offence, and
3. the character of the offender
5. instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him
after due admonition ,
 Dr. J George Andandan v. S A Rao v. State of Sunna v. State
v. State of State of Tamil Andhra Pradesh of Orissa
Kerala Nadu

Performance of Adulteration of food

being a menace to Accused found guilty
operation of
Person who is an public health and to
pregnant lady by a of committing theft of
offender earlier eradicate the a cycle and few
doctor who had cant get benefit antisocial evil clothes. As he was a
absolutely no under this Act elements, court must first offender, he was
training on using No Probation be cautious in its awarded probation
approach and in this
certain scientific Probation provided
case punishment
gadgets sentenced
No Probation No Probation
Power of the court to release certain offenders on probation of good conductSec – 4

1.

Person found guilty of committing an offense not punishable with death or imprisonment for life
Court considers Circumstance / nature / character of the offense and offender before releasing on good conduct
Enters into a bond with or without sureties to receive and appear sentence when called upon for a time period
not exceeding 3 years
The report from the probation officer is taken into account before making the order
Supervision order for the interest of the public
Supervision order if made, terms and conditions to be explained to the offender and a copy of the order should be
furnished to him and the sureties if any and also to the PO
D.S.P. Bhatt v. Masarullah v. Srimathi Devaki v.
State of State of Tamil State of
Karnataka Nadu Haryana
Accused who is of 20 Accused found guilty
Probation cant years age committed of abducting 17
be given to those robbery/ dacoity with years girl and forcing
attempt to hurt or her to sexual assault
who have
grievous hurt after for money. Though
committed an watching evil movies the offender got 3
offence for which and sentenced to 7 years punishment,
year punishment. both High Court and
the punishment
Later got probation Supreme Court
is death or life with sureties with declined Probation
imprisonment warning of not to considering moral
watch evil movies turpitude and gravity
of the offence
Power of the court to require released offenders to pay compensation and
costs Sec - 5

1. The court directing the release of an offender under Sec 3, 4, at its discretion may order the offender to
pay
a) Such compensation as the court may think fit i.e., reasonable for the loss or injury caused to any
person by the commission of offense
b) Such costs of the proceeding as the court may think fit
2. The amount ordered to be paid under sub section 1 may be recovered as a fine in accordance with
provisions of sec 386 and 387 of code
3. A civil court trying the suit, arising out of the same matter for which the offender is prosecuted, shall
take into account any amount paid or recovered as compensation under sub sec (1) in awarding
DAMAGES
Restrictions on imprisonment of offenders under 21 yrs of ageSec - 6

1. Any person < 21 years found guilty having committed of offense punishable with
imprisonment, without be dealing with sec 3 and 4, if at all it sentences imprisonment
then it should record its reasons for doing so

2. The court shall call for a report from the probation officer and consider the report, if any
info is available with respect to the character and both physical and mental condition of
the offender
Sanchu Ray v. Abdul Ishardas v. State J.K. Prasad
State of Assam Quayum v. of v.
State of Bihar Punjab State of Bihar
Accused was 18 years
Accused was 19 old and convicted for Accused was 21
theft under Sec 379 years old even then Accused was 21 years
years old with no
and got punishment probation was not old and found guilty
criminal as he was associated given as he was under Sec 326 of IPC.
antecedent with hardened involved in food Punishment –
criminals. However adulteration
Got Probation Imprisonment for life
the report showed No Probation No Probation
nothing and hence SC
released with
probation
Got Probation
Variation of Probation ConditionsSec - 8

1) The court for the benefit of the offender or public can vary the conditions of bond at any time when the bond
is effective by extending or diminishing the duration within 3 years from the order dated. No such Variations
shall be made without giving the offender or surety an opportunity of being heard.
2) If any surety refuses to consent to any variation proposed to be made under sub-section (1), the court may
require the offender to enter into a fresh bond and if the offender refuses or fails to do so, the court may
sentence him for the offence of which he was found guilty.
3) If the Court is satisfied on an application made by the probation officer, 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 entered into by him.
 Procedure in the case of an Offender failing to observe coonditions of bond
Sec - 9

1) on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a
warrant for his arrest or may, if it thinks fit, issue a summons to him 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 it may grant him bail, with or without
surety, to appear on the date which it may fix for 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 entered into by him, it may forthwith
(a) sentence him for the original offence
(b) where the failure is for the first time, then, without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding fifty rupees.
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.

4)
 Conclusion:

1) Hate the crime and not the criminal

2) The benefit of probation can be usefully applied to cases where persons on account of family discord, destitution, loss of near
relatives, or other causes of like nature, attempt to put an end to their own lives.
3) Main aim is to reform the offender and to make him see the right path. It would be of great help to a country like India where the
prisons are always overcrowded, with regular abuses of human rights that will harden a person’s inside.
4) Probation is the divine affirmation inside every being and it has to be given importance.
5) In order to accomplish the ultimate purpose of reclaiming all criminals back into organized society, the reform and recovery process
must be carried out in the sense of the current social situation.
6) Along with the juvenile justice system, probation has taken the human interests and socio-economic issues underlying the principles
of crime and punishment to the forefront. It also helped to build positive views towards prisoners and expanded the role of enforcing
criminal justice beyond standard sentencing.
Thank you!
“Hate the crime and not the
criminals”