Probation of Offenders Act

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ALL STATE JUDICIARY
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• Second level
• Third level PROBATION OF OFFENDERS
• Fourth level ACT 1958
• Fifth level
SHIVANI SOLANKI
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Daily Targets
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1 Objective of POA
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2 Basics of POA
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3 Application & Non-Application
4 Sec 1 to 19
5 Sec 4 & Sec 360 of CrPC
6 Case Laws
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OBJECTIVE- POA
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Basics of POA
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Application & Non-Application
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Sec 360 & Sec 4 of CrPC
BASIS Sec 360 CrPC Sec 4 POA
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Nature
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It is general provision as to It is a provision of special law
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release on probation or
admonition
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category There are two categories in There is no such category under sec
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section 360 crpc to release on 4 of POA
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probation
Report No express provision of report There is an express provision for
of probation officer report of probation officer
Supervision No express provision of Express provision of supervision

order supervision order order
2nd class 2nd class magistrate not Every criminal court including
magistarte specially empowered by high second class magistrate is
court is not competent to competent to release on probation
release on probation
CASE LAWS
Keshav Sitaram Sali v. State of Maharashtra, AIR 1983 SC
• Click to editCourt
The Supreme Master textthat
has held styles
in a case of petty theft the
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High level have extended the benefit of either section
Court should
360 of• the
Third level
Code of Criminal Procedure or sections 3 and 4 of the
Probation •ofFourth level Act to the appellant instead of imposing
Offenders
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a sentence of fine on level
him
Ahmed v. State of Rajasthan, AIR 1967

The benefit of this Act can not be extended to a person who has
indulged in an act which has resulted into an explosive situation
leading to possibilities of communal tension

CASE LAWS
Dalbir Singh versus state of Haryana 2008
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Benefitto
ofedit Master
prohibition textbestyles
cannot given to accused convicted for
an• offence
Secondunder
level section 304 a IPC when it involves rash and
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negligent level
driving
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• versus
State of Gujarat Fifth level
A. Chauhan 1983
Court held that benefit of probation of offenders act can not be
given to accused convicted of an offence punishable with
imprisonment for life

CASE LAWS
Phool Singh versus state of Haryana 1980
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Court held Master
that provision of text
Sectionstyles
4 should not be mistaken as and
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you level
leniency nor should it be applied leniently in undeserving cases
where •the offender
Third level in his early twenties committed an offence of rape
on his neighbours wife
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Smt. Devaki versus state of Haryana 1979
Court held that section 4 would not be extended to the abominable
culprit who was found guilty of abducting a teenage girl and force her
to sexual submission with commercial motive

CASE LAWS
Ram Prakash vs State of Himachal Pradesh 1973
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Court to edit
held thatMaster
benefit text styles3 of 4 of probation of
of section
• Secondactlevel
offenders is subject to the limitation laid down in these
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provisions level
. The word “MAY” in Section 4 does not mean must
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Daulat Ram vs •State
Fifthof
level
Haryana 1972
Supreme Court held that object of section 6 is to ensure that
Juvenile offenders are not sent to Jail for open switch on not so
serious as to warrant imprisonment for life with a view to
prevent them from contamination due to contact with the
hardened criminals of the jail therefore provision should be
liberally construed keeping in mind the spirit embodied therein

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5 Sec 4 & Sec 360 of CrPC

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Supervision No express provision of Express provision of supervision

Ahmed v. State of Rajasthan, AIR 1967

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