BIRDS-EYE VIEW OF PROBATION OF OFFENDERS ACT 1958

-Sunny Aroraa Lapa

[B.COM, LL.B., LL.M.(CRIMINOLOGY) ,LL.M.(CORPORATE LAW)]

The probation of offenders act 1958 is based on the concept that young offender
can be saved from becoming habitual offender by treating them amicably and
providing with the chance to reform rather than dumping into jails. The
probation officers insist on the problem or need of the offender and tries to solve
their problems and see to it that the offender become are law abiding citizen.

Old law similar to the instant statute i.e. probation of offender Act 1958 was
section 560 of criminal procedure code.

Salient feature are as follow:

1. Act is intended to reform the amateur offenders by providing rehabilitation

in society and to prevent the conversation of youthful offender in to obdurate
criminals under environment influence by keeping them in jails with
hardened criminals.
2. It aims to release first time offenders, after due admonition or warning with
advise, who are alleged to have committed an offence punishable under
section 379, 380, 381, 404, or 420 and also in cases of the offences punishable
for not more than 2 years or with fine or with both.
3. Act empowers the court to release to certain offender on probation of good
conduct if the offences alleged to have been committed is not punishable with
death or life imprisonment. However, he/she should kept under supervision.
4. Act insists that the court may order for payment by the offender such
compensation and a cost of the proceedings as it thinks fit recoverable for loss
or injury cost to victim.
5. Act provides special protection to persons under 21 years of age by not
sentencing them to incarceration. However, this provision is not available for
the person guilty/accused of offence punishable with life imprisonment.
6. Act provide freedom to the court to vary the condition of bond when an
offender is release on probation of good conduct and to extend the period of
probation but such extension not to exceed three years from the date of
original order.
7. 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 observer the conditions of bond.
8. Act empowers the court to try and sentence the offender to imprisonment
under provisions of this Act such order can be passed by High Court or any
other Court in case of appeal.