Salient Features of The Probation of Offenders Act

Salient Features of The Probation of Offenders Act, 1958
The Probation of Offenders Act (Act No. 28 of 1958) contains elaborate provisions relating to
probation of offenders, which are made applicable throughout the country. We will now observe
the salient features of the Act:-
1. The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by
providing rehabilitation in society and to prevent the conversion of youthful offenders
into obdurate criminals under environmental influence by keeping them in jails along
with hardened criminals.
2. It aims to release first offenders, after due admonition or warning with advice, who are
alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or
Section 420 of the Indian Penal Code and also in case of any offence punishable with
imprisonment for not more than two years, or with fine, or with both.
3. This Act empowers the Court to release certain offenders on probation of good conduct if
the offence alleged to have been committed is not punishable with death or life
imprisonment. However, he/she should be kept under supervision.
4. The Act insists that the Court may order for payment by the offender such compensation
and a cost of the proceedings as it thinks reasonable for loss or injury caused to the
victim.
5. The Act provides special protection to persons under twenty-one years of age by not
sentencing them to imprisonment. However, this provision is not available to a person
found guilty of an offence punishable with life imprisonment.
6. The Act provides freedom to the Court to vary the conditions of bond when an offender is
released on probation of good conduct and to extend the period of probation not to
exceed three years from the date of original order.
7. The Act empowers the Court to issue a warrant of arrest or summons to the offender and
his sureties requiring them to attend the Court on the date and time specified in the
summons if an offender released on probation of good conduct fails to observe the
conditions of bond.
8. The Act empowers the Court to try and sentence the offender to imprisonment under the
provisions of this Act. Such order may also be made by the High Court or any other
Court when the case comes before it on appeal or in revision.
9. The Act provides an important role to the probation officers to help the Court and to
supervise the probationers put under him and to advise and assist them to get suitable
employment.
10. The Act extends to the whole of India except the State of Jammu and Kashmir. This Act
comes into force in a State on such date as the State Government may, by notification in
the Official Gazette, appoint. It also provides liberty to State Governments to bring the
Act into force on different dates in different parts of that State.
Offences In Which Probation Cannot Be Granted
Ahmed v. State of Rajasthan
it was held that the benefit of this Act cannot be extended to a person who has indulged in an act
which has resulted into an explosive situation leading to possibilities of communal tension.
State of Maharashtra v. Natverlal

the Supreme Court declined to accord to the accused found guilty, the benefit of Probation of
Offenders Act because smuggling of gold not only affects public revenue and public economy,
but often escapes detection.
Smt. Devki v. State of Haryana
it was held that the benefit of Section 4 would not be extended to the abominable culprit who
was found guilty of abducting a teenage girl and forced her to sexual submission with
commercial motive.
State of Rajasthan v Sri Chand
The Supreme Court has ruled that the benefit of Probation of Offenders Act cannot be extended
to accused involved in crimes against
The provisions of Probation of Offenders Act, 1958 normally cannot be applied to:-
· ACB cases
· Section 304 of the Indian Penal Code,
· NDPS Cases
· Section 304-A[16]of the Indian Penal Code
· Section 325 of the Indian Penal Code
· Sections 409, 467, 471 of the Indian Penal Code
· Kidnap and abduction
· Habitual offenders
Section 2(b) – “probation officer” means an officer appointed to be a probation officer or
recognised as such under section 13
Section 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.
Section 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,
i. into the circumstances or home surroundings
ii. of any person accused of an offence
iii. with a view to assist the court in determining the most suitable method of dealing
with him and
iv. submit reports to the court;
b) supervise –
i. probationers and other persons placed under his supervision and,
ii. where necessary, endeavor to find them suitable employment;
c) advise and assist –

i. offenders in the payment of compensation or costs ordered by the Court;
ii. in such cases and in such manner as may be prescribed, persons who have been
released under section 4; and
d) perform such other duties as may be prescribed.

Section 15: Probation officers deemed 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, 1860.
Section 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.

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State of Maharashtra v. Natverlal

c) advise and assist –

d) perform such other duties as may be prescribed.

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