#THE PROBATION OF OFFENDERS ACT, 1958 
__________ 

##ARRANGEMENT OF SECTIONS 
____________ 

SECTIONS 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power of court to release certain offenders after admonition. 
4.  Power of court to release certain offenders on probation of good conduct. 
5.  Power of court to require released offenders to pay compensation and costs. 
6.  Restrictions on imprisonment of offenders under twenty-one years of age. 
7.  Report of probation officer to be confidential. 
8.  Variation of conditions of probation. 
9.  Procedure in case of offender failing to observe conditions of bond. 
10.  Provision as to sureties. 
11.  Courts competent to make order under the Act, appeal and revision and powers of courts in 
  appeal and revision. 
12.  Removal of disqualification attaching to conviction. 
13.  Probation officers. 
14.  Duties of probation officers. 
15.  Probation officers to be public servants. 
16.  Protection of action taken in good faith. 
17.  Power to make rules. 
18.  Saving of operation of certain enactments. 
19.  Section 562 of the Code not to apply in certain areas. 



#THE PROBATION OF OFFENDERS ACT, 1958 

##ACT NO. 20 OF 1958 

[16th May, 1958.] 

An Act  to  provide  for  the  release  of  offenders  on  probation  or  after  due  admonition  and  for 
  matters connected therewith. 

  BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:— 

1. **Short title, extent and commencement.**—(1) This Act may be called the Probation of Offenders 
Act, 1958. 

(2) It extends to the whole of India [^1]**. 

(3) It shall come into force in a State on such date as the State Government may, by notification in 
the Official Gazette, appoint, and different dates may be appointed for different parts of the State. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

  (a) “Code” means the Code of Criminal Procedure, 1898 (5 of 1898); 

  (b) “probation officer” means an officer appointed to be a probation officer or recognised as such 
under section 13; 

  (c) “prescribed” means prescribed by rules made under this Act; 

  (d) words and expressions used but not defined in this Act and defined in the Code of Criminal 
Procedure, 1898 (5 of 1898)[^3], shall have the meanings respectively assigned to them in that Code. 

3. **Power of court to release certain offenders after admonition.**—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)  or  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,  and no  previous  conviction  is  proved  against him  and  the  court  by  which  the  person  is 
found guilty is of opinion that, having regard to the circumstances of the case including the nature of the 
offence,  and  the  character  of  the  offender,  it  is  expedient  so  to  do, then,  notwithstanding  anything 
contained  in any other law  for the time  being  in  force,  the court  may,  instead  of  sentencing him  to  any 
punishment  or  releasing him  on  probation  of  good  conduct  under  section 4, release him  after  due 
admonition. 

*Explanation.*—For the purposes of this section, previous conviction against a person shall include any 
previous order made against him under this section or section 4. 

4. **Power of court to release certain offenders on probation of good conduct.**—(1) When  any 
person is found guilty of having committed an offence not punishable with death or imprisonment for life 
and the court by which the person is found guilty is of opinion that, having regard to the circumstances of 
the case including the nature of the offence and the character of the offender, it is expedient to release him 
on  probation  of  good  conduct,  then,  notwithstanding  anything  contained  in  any other law  for  the  time 
being  in  force,  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 meantime to keep 
the peace and be of good behaviour: 

  Provided  that  the  court  shall  not  direct  such  release  of  an  offender  unless  it  is  satisfied  that  the 
offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the 
court exercises jurisdiction or in which the offender is likely to live during the period for which he enters 
into the bond. 



[^1]. The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule 
(w.e.f. 31-10-2019). 
[^3]. Now see Code of Criminal Procedure, 1973 (2 of 1974). 



(2) Before making any order under sub-section (1), the court shall take into consideration the report, 
if any, of the probation officer concerned in relation to the case. 

(3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interests 
of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that 
the  offender  shall  remain  under  the  supervision  of  a  probation  officer  named  in  the  order  during  such 
period,  not  being  less  than  one  year,  as  may  be  specified  therein,  and  may  in  such  supervision  order 
impose such conditions as it deems necessary for the due supervision of the offender. 

(4) The court making a supervision order under sub-section (3) 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 or any other matter 
as the court may, having regard to the particular circumstances, consider fit to impose for preventing a 
repetition of the same offence or a commission of other offences by the offender. 

(5) The court making a supervision order under sub-section (3) shall explain to the offender the terms 
and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the 
offenders, the sureties, if any, and the probation officer concerned. 

5. **Power of court to require released offenders to pay compensation and costs.**—(1) The court 
directing  the  release  of  an  offender  under  section 3 or  section 4,  may,  if  it  thinks  fit,  make  at  the  same 
time a further order directing him to pay— 

  (a) such compensation as the court thinks reasonable for loss or injury caused to any person by 
the commission of the offence; and 

  (b) such costs of the proceedings as the court thinks reasonable. 

(2) The  amount ordered  to  be  paid  under sub-section  (1)  may  be  recovered  as  a  fine  in  accordance 
with the provisions of sections 386 and 387 of the Code. 

(3) A  civil  court  trying  any  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-section (1) 
in awarding damages. 

6. **Restrictions on imprisonment of offenders under twenty-one years of age.**—(1)  When  any 
person  under  twenty-one  years  of  age  is  found  guilty  of  having  committed  an  offence  punishable  with 
imprisonment (but not with imprisonment for life), the court by which the person is found guilty shall not 
sentence him  to  imprisonment  unless  it is  satisfied  that,  having  regard  to  the  circumstances  of  the  case 
including  the  nature  of  the  offence  and  the  character  of  the  offender,  it  would  not  be  desirable  to  deal 
with him  under  section 3 or  section 4,  and  if  the  court  passes  any  sentence  of  imprisonment  on  the 
offender, it shall record its reasons for doing so. 

(2) For  the  purpose  of satisfying  itself  whether it  would  not  be  desirable to  deal  under  section 3 or 
section 4 with an offender referred to in sub-section (1), the court shall call for a report from the probation 
officer and consider the report, if any, and any other information available to it relating to the character 
and physical and mental condition of the offender. 

7. **Report of probation officer to be confidential.**—The report of  a  probation  officer  referred  to 
in sub-section (2) of section 4 or sub-section (2) of section 6 shall be treated as confidential: 

  Provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and 
may  give him  an  opportunity  of  producing  such  evidence  as  may  be  relevant  to  the  matter  stated  in 
the report. 

8. **Variation of conditions of probation.**—(1) If, on the application of a probation officer, any court 
which passes an order under  section 4 in respect of an offender is of opinion that in the interests of the 
offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the 
offender, it may, at any time during the period when the bond is effective, vary the bond by extending or 
diminishing  the  duration  thereof  so,  however,  that  it shall  not  exceed  three  years  from  the  date  of  the 
original order or by altering the conditions thereof or by inserting additional conditions therein: 

  Provided  that  no  such  variation shall  be  made  without  giving  the  offender  and  the  surety  or 
sureties mentioned in the bond 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) Notwithstanding  anything  hereinbefore  contained,  the  court  which  passes  an  order  under 
section 4 in respect of an offender may, if it 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. 

9. **Procedure in case of offender failing to observe conditions of bond.**—(1) If  the  court  which 
passes  an order  under  section 4 in  respect  of  an  offender  or  any  court  which  could  have  dealt  with  the 
offender  in  respect  of his  original  offence  has  reason  to  believe,  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; or 

  (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. 

10. **Provision as to sureties.**—The provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B 
and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act. 

11. **Courts competent to make order under the Act, appeal and revision and powers of courts in 
appeal and revision.**—(1)  Notwithstanding  anything  contained  in  the  Code  or  any other law,  an order 
under this Act, may be made by any court empowered to try and sentence the offender to imprisonment 
and also by the High Court or any other court when the case comes before it on appeal or in revision. 

(2) Notwithstanding  anything  contained  in  the  Code,  where  an order  under  section 3 or  section 4 is 
made by any court trying the offender (other than a High Court), an appeal shall lie to the court to which 
appeals ordinarily lie from the sentences of the former court. 

(3) In any case where any person under twenty-one years of age is found guilty of having committed 
an  offence  and  the  court  by  which  he  is  found  guilty  declines  to  deal  with him  under  section 3 or 
section 4,  and  passes  against him  any  sentence  of  imprisonment  with  or  without  fine  from  which  no 
appeal  lies  or  is  preferred,  then,  notwithstanding  anything  contained  in  the  Code  or  any other law,  the 
court to which appeals ordinarily lie from the sentences of the former court may, either of its own motion 
or on an application made to it by the convicted person or the probation officer, call for and examine the 
record of the case and pass such order thereon as it thinks fit. 

(4) When an order has been made under section 3 or section 4 in respect of an offender, the Appellate 
Court  or  the High  Court  in  the  exercise  of  its  power  of  revision  may  set  aside  such order  and  in  lieu 
thereof pass sentence on such offender according to law: 

  Provided that the Appellate Court or the High Court in revision shall not inflict a greater punishment 
than might have been inflicted by the court by which the offender was found guilty. 

12. **Removal of disqualification attaching to conviction.**—Notwithstanding anything contained in 
any other law,  a  person  found  guilty  of  an  offence  and  dealt  with  under  the  provisions  of  section 3 or 
section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: 

  Provided that nothing in this section shall apply to a person who, after his release under section 4 is 
subsequently sentenced for the original offence. 

13. **Probation officers.**—(1) A probation officer under this Act shall be— 

  (a) a person appointed to be a probation officer by the State Government or recognised as such by 
the State Government; or 

  (b) a  person  provided  for  this  purpose  by  a  society  recognised  in  this  behalf  by  the  State 
Government; or 

  (c) In  any  exceptional  case,  any other  person  who, in  the  opinion of  the  court, is  fit  to  act  as a 
probation officer in the special circumstances of the case. 

(2) A court which passes an order under section 4 or the district magistrate of the district in which the 
offender  for  the  time  being  resides  may,  at  any  time,  appoint  any  probation  officer  in  the  place  of  the 
person named in the supervision order. 

*Explanation.*—For the purposes of this section, a presidency town shall be deemed to be a district and 
chief presidency magistrate shall be deemed to be the district magistrate of that district. 

(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 offender for the time being resides. 

14. **Duties of probation officers.**—A  probation  officer  shall, subject  to  such  conditions  and 
restrictions, as may be prescribed,— 

  (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, 
endeavour 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; and 

  (e) perform such other duties as may be prescribed. 

15. **Probation officers to be public servants.**—Every  probation  officer  and  every  other  officer 
appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 
of the Indian Penal Code (45 of 1860). 

16. **Protection of action taken in good faith.**—No suit or other legal proceeding shall lie against the 
State  Government  or  any  probation  officer  or  any other  officer  appointed  under  this  Act  in  respect  of 
anything  which  is  in  good  faith  done  or  intended  to  be  done  in  pursuance  of  this  Act  or  of  any  rules 
or orders made thereunder. 

17. **Power to make rules.**—(1) The State Government may, with the approval of the Central 
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act. 

(2) In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for all or any of the following matters, namely:— 

  (a) appointment  of  probation  officers,  the  terms  and  conditions  of  their  service  and  the  area 
within which they are to exercise jurisdiction; 

  (b) duties of probation officers under this Act and the submission of reports by them; 

  (c) the  conditions  on  which  societies  may  be  recognised  for  the  purposes  of  clause  (b)  of 
sub-section (1) of section 13; 

  (d) the payment of remuneration and expenses to probation officers or of a subsidy to any society 
which provides probation officers; and 

  (e) any other matter which is to be, or may be, prescribed. 

(3) All  rules  made  under  this  section shall  be subject  to  the  condition  of  previous  publication 
and shall, as soon as may be after they are made, be laid before the State Legislature. 

18. **Saving of operation of certain enactments.**—Nothing in this Act shall affect the provisions of 
section 31 of the Reformatory Schools Act, 1897 (8 of 1897), or sub-section (2) of section 5 of the 
Prevention of Corruption Act, 1947 (2 of 1947), [^1]** or of any law in force in any State  relating  to 
juvenile offenders or Borstal Schools. 

19. **Section 562 of the Code not to apply in certain areas.**—Subject to the provisions of 
section 18  section 562 of the Code shall cease to apply to the States or parts thereof in which this Act is 
brought into force. 



[^1]. The words and figures “or the Suppression of Immoral Traffic in Women and Girls Act, 1956” omitted by Act 46 of 1978, 
s. 20 (w.e.f. 2-1-1979).