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@@ -1,11 +1,10 @@
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-THE PROBATION OF OFFENDERS ACT, 1958
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+#THE PROBATION OF OFFENDERS ACT, 1958
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__________
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-ARRANGEMENT OF SECTIONS
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+##ARRANGEMENT OF SECTIONS
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____________
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SECTIONS
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-
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1. Short title, extent and commencement.
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2. Definitions.
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3. Power of court to release certain offenders after admonition.
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@@ -17,9 +16,7 @@ SECTIONS
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9. Procedure in case of offender failing to observe conditions of bond.
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10. Provision as to sureties.
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11. Courts competent to make order under the Act, appeal and revision and powers of courts in
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-
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-appeal and revision.
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-
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+ appeal and revision.
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12. Removal of disqualification attaching to conviction.
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13. Probation officers.
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14. Duties of probation officers.
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@@ -29,44 +26,40 @@ appeal and revision.
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18. Saving of operation of certain enactments.
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19. Section 562 of the Code not to apply in certain areas.
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-1
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-
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-
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-
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-
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- THE PROBATION OF OFFENDERS ACT, 1958
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-ACT NO. 20 OF 1958
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+
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+#THE PROBATION OF OFFENDERS ACT, 1958
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+
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+##ACT NO. 20 OF 1958
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[16th May, 1958.]
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-An Act to provide for the release of offenders on probation or after due admonition and for
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-matters connected therewith.
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-BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:—
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+An Act to provide for the release of offenders on probation or after due admonition and for
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+ matters connected therewith.
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-1. Short title, extent and commencement.—(1) This Act may be called the Probation of Offenders
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+ BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:—
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+1. **Short title, extent and commencement.**—(1) This Act may be called the Probation of Offenders
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Act, 1958.
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-(2) It extends to the whole of India 1***.
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-(3) It shall come into force in a State on such date2 as the State Government may, by notification in
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+(2) It extends to the whole of India [^1]**.
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+(3) It shall come into force in a State on such date as the State Government may, by notification in
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the Official Gazette, appoint, and different dates may be appointed for different parts of the State.
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-2. Definitions.—In this Act, unless the context otherwise requires,—
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-
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-(a) “Code” means the Code of Criminal Procedure, 1898 (5 of 1898);
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+2. **Definitions.**—In this Act, unless the context otherwise requires,—
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-(b) “probation officer” means an officer appointed to be a probation officer or recognised as such
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+ (a) “Code” means the Code of Criminal Procedure, 1898 (5 of 1898);
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+ (b) “probation officer” means an officer appointed to be a probation officer or recognised as such
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under section 13;
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-(c) “prescribed” means prescribed by rules made under this Act;
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+ (c) “prescribed” means prescribed by rules made under this Act;
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-(d) words and expressions used but not defined in this Act and defined in the Code of Criminal
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+ (d) words and expressions used but not defined in this Act and defined in the Code of Criminal
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+Procedure, 1898 (5 of 1898)[^3], shall have the meanings respectively assigned to them in that Code.
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-Procedure, 1898 (5 of 1898)3, shall have the meanings respectively assigned to them in that Code.
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-3. Power of court to release certain offenders after admonition.—When any person is found guilty
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+3. **Power of court to release certain offenders after admonition.**—When any person is found guilty
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of having committed an offence punishable under section 379 or section 380 or section 381 or
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section 404 or section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable with
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imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or
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@@ -77,11 +70,10 @@ contained in any other law for the time being in force, the court may, i
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punishment or releasing him on probation of good conduct under section 4, release him after due
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admonition.
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-Explanation.—For the purposes of this section, previous conviction against a person shall include any
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-
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+*Explanation.*—For the purposes of this section, previous conviction against a person shall include any
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previous order made against him under this section or section 4.
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-4. Power of court to release certain offenders on probation of good conduct.—(1) When any
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+4. **Power of court to release certain offenders on probation of good conduct.**—(1) When any
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person is found guilty of having committed an offence not punishable with death or imprisonment for life
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and the court by which the person is found guilty is of opinion that, having regard to the circumstances of
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the case including the nature of the offence and the character of the offender, it is expedient to release him
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@@ -91,27 +83,20 @@ released on his entering into a bond, with or without sureties, to appear and re
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upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep
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the peace and be of good behaviour:
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-Provided that the court shall not direct such release of an offender unless it is satisfied that the
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+ Provided that the court shall not direct such release of an offender unless it is satisfied that the
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offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the
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court exercises jurisdiction or in which the offender is likely to live during the period for which he enters
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into the bond.
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-1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
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-
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-(w.e.f. 31-10-2019).
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-2. Extended to the Union territory of Pondicherry Act 26 of 1968, s. 3 and Schedule and Madras (1-11-1962) vide Home Deptt.
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-No. Goms No. 3698, dated 2nd November, 1962 and this Act has been extended to Go, Daman and Diu by Reg. 11 of 1963, s. 3 and
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-Schedule (w.e.f. 1-2-1964).
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-3. Now see Code of Criminal Procedure, 1973 (2 of 1974).
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+[^1]. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
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+(w.e.f. 31-10-2019).
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+[^3]. Now see Code of Criminal Procedure, 1973 (2 of 1974).
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-2
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-
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-
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- (2) Before making any order under sub-section (1), the court shall take into consideration the report,
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+(2) Before making any order under sub-section (1), the court shall take into consideration the report,
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if any, of the probation officer concerned in relation to the case.
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(3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interests
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@@ -128,73 +113,64 @@ repetition of the same offence or a commission of other offences by the offender
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(5) The court making a supervision order under sub-section (3) shall explain to the offender the terms
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and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the
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-offenders, the sureties, if any, and the probation officer concerned.
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+offenders, the sureties, if any, and the probation officer concerned.
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-5. Power of court to require released offenders to pay compensation and costs.—(1) The court
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+5. **Power of court to require released offenders to pay compensation and costs.**—(1) The court
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directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same
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time a further order directing him to pay—
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-(a) such compensation as the court thinks reasonable for loss or injury caused to any person by
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-
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+ (a) such compensation as the court thinks reasonable for loss or injury caused to any person by
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the commission of the offence; and
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-(b) such costs of the proceedings as the court thinks reasonable.
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-
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-(2) The amount ordered to be paid under sub-section (1) may be recovered as a fine in accordance
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+ (b) such costs of the proceedings as the court thinks reasonable.
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+(2) The amount ordered to be paid under sub-section (1) may be recovered as a fine in accordance
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with the provisions of sections 386 and 387 of the Code.
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-(3) A civil court trying any suit, arising out of the same matter for which the offender is
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+(3) A civil court trying any suit, arising out of the same matter for which the offender is
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prosecuted, shall take into account any amount paid or recovered as compensation under sub-section (1)
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in awarding damages.
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-6. Restrictions on imprisonment of offenders under twenty-one years of age.—(1) When any
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+6. **Restrictions on imprisonment of offenders under twenty-one years of age.**—(1) When any
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person under twenty-one years of age is found guilty of having committed an offence punishable with
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imprisonment (but not with imprisonment for life), the court by which the person is found guilty shall not
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sentence him to imprisonment unless it is satisfied that, having regard to the circumstances of the case
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including the nature of the offence and the character of the offender, it would not be desirable to deal
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with him under section 3 or section 4, and if the court passes any sentence of imprisonment on the
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-offender, it shall record its reasons for doing so.
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+offender, it shall record its reasons for doing so.
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-(2) For the purpose of satisfying itself whether it would not be desirable to deal under section 3 or
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+(2) For the purpose of satisfying itself whether it would not be desirable to deal under section 3 or
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section 4 with an offender referred to in sub-section (1), the court shall call for a report from the probation
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officer and consider the report, if any, and any other information available to it relating to the character
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and physical and mental condition of the offender.
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-7. Report of probation officer to be confidential.—The report of a probation officer referred to
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-
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+7. **Report of probation officer to be confidential.**—The report of a probation officer referred to
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in sub-section (2) of section 4 or sub-section (2) of section 6 shall be treated as confidential:
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-Provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and
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-
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-may give him an opportunity of producing such evidence as may be relevant to the matter stated in
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+ Provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and
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+may give him an opportunity of producing such evidence as may be relevant to the matter stated in
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the report.
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-8. Variation of conditions of probation.—(1) If, on the application of a probation officer, any court
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+8. **Variation of conditions of probation.**—(1) If, on the application of a probation officer, any court
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which passes an order under section 4 in respect of an offender is of opinion that in the interests of the
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offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the
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offender, it may, at any time during the period when the bond is effective, vary the bond by extending or
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-
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-3
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-
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-
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- diminishing the duration thereof so, however, that it shall not exceed three years from the date of the
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+diminishing the duration thereof so, however, that it shall not exceed three years from the date of the
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original order or by altering the conditions thereof or by inserting additional conditions therein:
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-Provided that no such variation shall be made without giving the offender and the surety or
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-
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+ Provided that no such variation shall be made without giving the offender and the surety or
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sureties mentioned in the bond an opportunity of being heard.
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(2) If any surety refuses to consent to any variation proposed to be made under sub-section (1), the
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court may require the offender to enter into a fresh bond and if the offender refuses or fails to do so, the
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court may sentence him for the offence of which he was found guilty.
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-(3) Notwithstanding anything hereinbefore contained, the court which passes an order under
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+(3) Notwithstanding anything hereinbefore contained, the court which passes an order under
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section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer,
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that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer
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under supervision, discharge the bond or bonds entered into by him.
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-9. Procedure in case of offender failing to observe conditions of bond.—(1) If the court which
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+9. **Procedure in case of offender failing to observe conditions of bond.**—(1) If the court which
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passes an order under section 4 in respect of an offender or any court which could have dealt with the
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offender in respect of his original offence has reason to believe, on the report of a probation officer
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or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered
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@@ -206,29 +182,25 @@ until the case is concluded or it may grant him bail, with or without surety, to
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may fix for hearing.
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(3) If the court, after hearing the case, is satisfied that the offender has failed to observe any of the
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-
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conditions of the bond or bonds entered into by him, it may forthwith—
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-(a) sentence him for the original offence; or
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-
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-(b) where the failure is for the first time, then, without prejudice to the continuance in force of the
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+ (a) sentence him for the original offence; or
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+ (b) where the failure is for the first time, then, without prejudice to the continuance in force of the
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bond, impose upon him a penalty not exceeding fifty rupees.
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(4) If a penalty imposed under clause (b) of sub-section (3) is not paid within such period as the court
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-
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may fix, the court may sentence the offender for the original offence.
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-10. Provision as to sureties.—The provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B
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-
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+10. **Provision as to sureties.**—The provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B
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and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act.
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-11. Courts competent to make order under the Act, appeal and revision and powers of courts in
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-appeal and revision.—(1) Notwithstanding anything contained in the Code or any other law, an order
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+11. **Courts competent to make order under the Act, appeal and revision and powers of courts in
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+appeal and revision.**—(1) Notwithstanding anything contained in the Code or any other law, an order
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under this Act, may be made by any court empowered to try and sentence the offender to imprisonment
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and also by the High Court or any other court when the case comes before it on appeal or in revision.
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-(2) Notwithstanding anything contained in the Code, where an order under section 3 or section 4 is
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+(2) Notwithstanding anything contained in the Code, where an order under section 3 or section 4 is
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made by any court trying the offender (other than a High Court), an appeal shall lie to the court to which
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appeals ordinarily lie from the sentences of the former court.
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@@ -244,125 +216,95 @@ record of the case and pass such order thereon as it thinks fit.
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Court or the High Court in the exercise of its power of revision may set aside such order and in lieu
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thereof pass sentence on such offender according to law:
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-4
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-
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-
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- Provided that the Appellate Court or the High Court in revision shall not inflict a greater punishment
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-
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+ Provided that the Appellate Court or the High Court in revision shall not inflict a greater punishment
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than might have been inflicted by the court by which the offender was found guilty.
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-12. Removal of disqualification attaching to conviction.—Notwithstanding anything contained in
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+12. **Removal of disqualification attaching to conviction.**—Notwithstanding anything contained in
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any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or
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section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law:
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-Provided that nothing in this section shall apply to a person who, after his release under section 4 is
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-
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+ Provided that nothing in this section shall apply to a person who, after his release under section 4 is
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subsequently sentenced for the original offence.
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-13. Probation officers.—(1) A probation officer under this Act shall be—
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-
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-(a) a person appointed to be a probation officer by the State Government or recognised as such by
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+13. **Probation officers.**—(1) A probation officer under this Act shall be—
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+ (a) a person appointed to be a probation officer by the State Government or recognised as such by
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the State Government; or
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-(b) a person provided for this purpose by a society recognised in this behalf by the State
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-
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+ (b) a person provided for this purpose by a society recognised in this behalf by the State
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Government; or
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-(c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a
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-
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+ (c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a
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probation officer in the special circumstances of the case.
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(2) A court which passes an order under section 4 or the district magistrate of the district in which the
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offender for the time being resides may, at any time, appoint any probation officer in the place of the
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person named in the supervision order.
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-Explanation.—For the purposes of this section, a presidency town shall be deemed to be a district and
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-
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+*Explanation.*—For the purposes of this section, a presidency town shall be deemed to be a district and
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chief presidency magistrate shall be deemed to be the district magistrate of that district.
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(3) A probation officer, in the exercise of his duties under this Act, shall be subject to the control of
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+the district magistrate of the district in which the offender for the time being resides.
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-the district magistrate of the district in which the offender for the time being resides.
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-
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-14. Duties of probation officers.—A probation officer shall, subject to such conditions and
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-
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+14. **Duties of probation officers.**—A probation officer shall, subject to such conditions and
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restrictions, as may be prescribed,—
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-(a) inquire, in accordance with any directions of a court, into the circumstances or home
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+ (a) inquire, in accordance with any directions of a court, into the circumstances or home
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surroundings of any person accused of an offence with a view to assist the court in determining the
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most suitable method of dealing with him and submit reports to the court;
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-(b) supervise probationers and other persons placed under his supervision and, where necessary,
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-
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+ (b) supervise probationers and other persons placed under his supervision and, where necessary,
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endeavour to find them suitable employment;
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-(c) advise and assist offenders in the payment of compensation or costs ordered by the Court;
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-
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-(d) advise and assist, in such cases and in such manner as may be prescribed, persons who have
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+ (c) advise and assist offenders in the payment of compensation or costs ordered by the Court;
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+ (d) advise and assist, in such cases and in such manner as may be prescribed, persons who have
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been released under section 4; and
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-(e) perform such other duties as may be prescribed.
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+ (e) perform such other duties as may be prescribed.
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-15. Probation officers to be public servants.—Every probation officer and every other officer
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+15. **Probation officers to be public servants.**—Every probation officer and every other officer
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appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21
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of the Indian Penal Code (45 of 1860).
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-16. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the
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+16. **Protection of action taken in good faith.**—No suit or other legal proceeding shall lie against the
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State Government or any probation officer or any other officer appointed under this Act in respect of
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anything which is in good faith done or intended to be done in pursuance of this Act or of any rules
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or orders made thereunder.
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-17. Power to make rules.—(1) The State Government may, with the approval of the Central
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-
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+17. **Power to make rules.**—(1) The State Government may, with the approval of the Central
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Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
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-(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
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-
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+(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
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provide for all or any of the following matters, namely:—
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-5
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-
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-
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- (a) appointment of probation officers, the terms and conditions of their service and the area
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-
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+ (a) appointment of probation officers, the terms and conditions of their service and the area
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within which they are to exercise jurisdiction;
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-(b) duties of probation officers under this Act and the submission of reports by them;
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-
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-(c) the conditions on which societies may be recognised for the purposes of clause (b) of
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+ (b) duties of probation officers under this Act and the submission of reports by them;
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+ (c) the conditions on which societies may be recognised for the purposes of clause (b) of
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sub-section (1) of section 13;
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-(d) the payment of remuneration and expenses to probation officers or of a subsidy to any society
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-
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+ (d) the payment of remuneration and expenses to probation officers or of a subsidy to any society
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which provides probation officers; and
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-(e) any other matter which is to be, or may be, prescribed.
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-
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-(3) All rules made under this section shall be subject to the condition of previous publication
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+ (e) any other matter which is to be, or may be, prescribed.
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+(3) All rules made under this section shall be subject to the condition of previous publication
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and shall, as soon as may be after they are made, be laid before the State Legislature.
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-18. Saving of operation of certain enactments.—Nothing in this Act shall affect the provisions of
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-section 31 of the Reformatory Schools Act, 1897 (8 of 1897), or sub-section (2) of section 5 of the
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-Prevention of Corruption Act, 1947 (2 of 1947), 1*** or of any law in force in any State relating to
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+18. **Saving of operation of certain enactments.**—Nothing in this Act shall affect the provisions of
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+section 31 of the Reformatory Schools Act, 1897 (8 of 1897), or sub-section (2) of section 5 of the
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+Prevention of Corruption Act, 1947 (2 of 1947), [^1]** or of any law in force in any State relating to
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juvenile offenders or Borstal Schools.
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-19. Section 562 of the Code not to apply in certain areas.—Subject to the provisions of
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-
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+19. **Section 562 of the Code not to apply in certain areas.**—Subject to the provisions of
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section 18 section 562 of the Code shall cease to apply to the States or parts thereof in which this Act is
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brought into force.
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-1. The words and figures “or the Suppression of Immoral Traffic in Women and Girls Act, 1956” omitted by Act 46 of 1978,
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-
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-s. 20 (w.e.f. 2-1-1979).
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-6
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+[^1]. The words and figures “or the Suppression of Immoral Traffic in Women and Girls Act, 1956” omitted by Act 46 of 1978,
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+s. 20 (w.e.f. 2-1-1979).
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Sagar Acharya