THE PROBATION OF OFFENDERS ACT, 1958.ACT NO. 20 OF 1958AAN ACT TO PROVIDE FOR
THE RELEASE OF OFFENDERS ON PROBATION
OR AFTERDUE ADMONIT
[16th May,
1958.]
1.Short title extent and commencement.
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 except the State of
Jammu and Kashmir.
(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.
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). shall have the meanings
respectively assigned to them in that Code.
3.Power of court to
release certain offenders after admonition.
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.
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1
Madras (1.12.62) Vide Home Dept. No. G.O. MS No.3698, dt. 2.11.62.Amended in
Maharashtra by Mah. Act 31 of 1969.Extended to and brought into force in Dadra
and Nagar Haveli
(w.e.f. 1.7.65) by Reg. 6 of 1963, s. 2 and
Sch.I.
Extended to the Union territory of Pondicherry by Act 26
of
1968, S. 3 and Schedule.
Extended to Goa, Daman and Diu by Reg. 11
of 1973, s.3 &
Sch.
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734.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 officers on probation of good
conduct.
4.Power of court to release certain officers 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.
(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.
735.5.Power of court to require released offenders to
pay compensation andcosts.
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 ofage.
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
imprison-
ment (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.
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.
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
736.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.
9. Procedure in case of
offender failing to observe conditions of bond. (1) If the court which passes an
order under section 4 in res-
pect 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.
737.10.Provision as to
sureties.
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 andpowers of courts in appeal and revision.
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.
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.
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. Govern-
ment ;
or
738.(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.
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 compensa-
tion 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 sec-
tion 4; and
(e)
perform such other duties as may be prescribed.
15.Probation officers
to be public servants.
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.
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.
739.17.Power to make
rules.
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.
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.
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.
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Omitted by Act 46 of 1978, s. 2O (w.e.f.
2.10.1979).
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