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Probation of Offender Act

This document discusses probation of offenders in India. It defines probation and explains that the Probation of Offenders Act of 1958 aims to provide non-custodial alternatives to imprisonment for certain convicted individuals. The Act allows courts to release eligible offenders on probation with or without supervision for up to 3 years, based on a report from a probation officer. Courts prefer using the Act over Section 360 of the Code of Criminal Procedure to avoid the stigma of a conviction.

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290 views

Probation of Offender Act

This document discusses probation of offenders in India. It defines probation and explains that the Probation of Offenders Act of 1958 aims to provide non-custodial alternatives to imprisonment for certain convicted individuals. The Act allows courts to release eligible offenders on probation with or without supervision for up to 3 years, based on a report from a probation officer. Courts prefer using the Act over Section 360 of the Code of Criminal Procedure to avoid the stigma of a conviction.

Uploaded by

Pintu Rao
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Probation of an Offender

• The term Probation is derived from the Latin word “probare”, which means to test or
to prove.
• It is a treatment device, developed as a non-custodial alternative which is used by the
magistracy where guilt is established but it is considered that imposing of a prison
sentence would do no good. Imprisonment decreases his capacity to readjust to the
normal society after the release and association with professional delinquents often
has undesired effects.
Definition according to United Nation:
“The release of the offenders on probation is a treatment device prescribed by the court
for the persons convicted of offences against the law, during which the probationer lives
in the community and regulates his own life under conditions imposed by the court or
other constituted authority, and is subject to the supervision by a probation officer.”
• The United Nations recommends the adoption and extension of the probation system
by all the countries as a major instrument of policy in the field of prevention of crime
and the treatment of the offenders.
Law of Probation in India
Indian Legal framework:
Section S.562 of the Code if Criminal Procedure, 1898, was the earliest provision to have dealt
with probation. After amendment in 1974 it stands as S.360 of The Code of Criminal
Procedure, 1974.
S.360: When any person not under twenty-one years of age is convicted of an offence
punishable with fine only or with imprisonment for a term of seven years or less,
or when any person under twenty-one years of age or any woman is convicted of an offence
not punishable with death or imprisonment for life,
and no previous conviction is proved against the offender, if it appears to the Court before
which he is convicted, regard being had to the age, character or antecedents of the offender,
and to the circumstances in which the offence was committed, that it is expedient that the
offender should be released on probation of good conduct,
Law of Probation in India
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.
S.361: makes it mandatory for the judge to declare the reasons for not awarding the benefit of
probation.
The object of probation has been laid down in the judgment of Justice Horwill in In re B. Titus
S. 562 is intended to be used to prevent young persons from being committed to jail, where
they may associate with hardened criminals, who may lead them further along the path of
crime.
In 1958 the Legislature enacted the Probation of Offenders Act, which lays down for probation
officers to be appointed who would be responsible to give a pre-sentence report to the
magistrate and also supervise the accused during the period of his probation. Both the Act and
S.360 of the Code exclude the application of the Code where the Act is applied. 
The Probation of Offender Act,
1958
Section 6(1) of the Probation of Offenders Act provides that when a person below 21 years of
age is found guilty of an offence which is punishable with imprisonment (but not
imprisonment for life), the Court shall not normally sentence him to imprisonment unless for
reasons to be recorded.
It is not desirable to deal with him under Section 3 or 4 of the said Act. The Court should call
for a report from the Probation Officer to satisfy itself whether it is desirable to apply the
beneficial provisions contained in Section 3 and 4 of the Act or whether the accused should be
dealt with in the normal course by passing a sentence of imprisonment against him.
After the report is received from the Probation Officer and if the Probation Officer
recommends that the accused person might be dealt with under the provisions of the P.O. Act
instead of being sentenced to imprisonment in view of his social status, antecedents, age and
circumstances under which the offence was committed, the Court will have to consider
whether the accused should be dealt with under Section 3 or 4 of the P.O. Act.
The Probation of Offender Act,
1958
The accused can be released after admonition only in the case of certain offences specified in
Section 3 of the P.O. Act namely offences punishable under Section 379, 380, 381, 404 and 420 of
the Indian Penal Code and any other offence which is punishable with fine or with imprisonment
for not more than two years or with both.
Section 4 of the P.O. Act deals with the release of the accused person on Probation of Good
Conduct with or without sureties for such period not exceeding three years as the Court may direct.
An accused person can be released on Probation of good conduct under Section 4 only in the case
of offences other than those punishable with death or imprisonment for life.
While directing the accused to be released under Section 4(1) of Probation of good conduct the
Court may also pass an order under Section 4(3) of the P.O. Act placing the accused under the
supervision of the Probation Officer for a period of not less than one year.
When the Court desires to apply the provisions of the P.O. Act, the finding to be recorded in the
judgment is only that the accused is ‘found guilty’ of the particular offence in question. It should
not be said that the accused is ‘convicted’ of the offence.
The Probation of Offender Act,
1958
Section 12 of P.O. Act specifically provides that an order passed under Section 3 or Section 4 of
the said act shall not operate as a disqualification which attached in the case of conviction. It is
in view of this provision that courts are generally inclined to invoke the provisions of P.O. Act
instead of resorting to Section 360 Cr.P.C. though to some extent there is similarity between
the order that may be passed under Section 360 Cr.P.C. and order that may be passed under
Section 3 or 4 of P.O. Act.

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