Probation of offenders act
Aim and Object of Probation of offenders Act 1958
Aim and Object of Probation of offenders Act-
Aim and Object of Probation of
offenders Act- The probation of offenders act was passed in 1958 to provide for release of offenders on probation or after due admonition and for matters connected therewith.
Aim and Object of Probation of offenders Act-
Object–
The question of release of offenders on probation of good conduct instead of
sentencing them to imprisonment would be in the interest of justice as well as in
the interest of society.
The general consent condition of the allowing the benefit of release on probation
may be as under:-
1. No sentence be imposed initially, or if imposed its execution be suspended;
2. The offenders should be given a definite period to redeem himself;
3. During the probation period, the delinquent should be placed under the
supervision of a probation officer.
4. The Probation officer should keep the court informed about the progress of the
offender as regards his rehabilitation.
5. If the delinquent to respond favourably, his initial offence is deemed to have
been scrapped but if he fails to do so or violate any condition of probation or
indulges in law breaking, he may be brought before the court and sentenced for
the original offence as also for any other offence which he might have convict
committed.
Thus, it would be seen that the original offence of the delinquent remains
punishable throughout the period of probation and the offender is liable to be
sentenced in case he violates the conditions of probation order. Again, probation
is not a compulsive measure as it rests on voluntary acceptance of conditions by
the probationer.
Salient feature of Probation of offenders Act,1958
The salient ent feature of the runs as follows:-
1. The restriction on use of probation based on age, sex and previous conviction
as laid down in section 360 of the code of criminal procedure, 1973 does not
exist in the probation of offenders act, 1958 and it is applicable to all alike without
such discrimination.
2. The court are empowered to place any offender on probation who is guilty of
committing any offence not being an offence punishable with death or
imprisonment for life.
3. The act envisages a regular machinery for enquiry into the personality,
character, antecedents and home surroundings of the offender in order to help
the court in dealing with the Offender suitably under the act.
4. It makes probation inquiries mandatory in case of offenders below the age of
21 years where provisions of the act and applicable.
5. Probation implies suspension of sentence so that in case of failure of the term
of sentence would automatically revive without the need for a fresh trial.
6. Release on probation envisages various type of conditions including residential
requirements, abstention from intoxicants and payment of compensation by the
probationer etc.
7. The probation officer’s pre-sentence Report is to be treated as confidential as
provided in section 7 of the act.
8. An appeal against the order refusing to release the offender on probation may
be taken up by the appellate court sou motu.
9. Release on probation casts no stigma on the probationer and attaches no
disqualification whatsoever.
Define Probation officer-
Probation officer-
According to section 2(b) of probation of offenders act 1958-
Probation officer means an officer appointed to be a probation officer or recognised as such under section 13.
According to section 13(1)-
1. A probation officer under the act shall be-
A. a person appointed to be a probation officer by the state Government or recognised as such by the state government;
B. A person provided for this purpose by a society recognised in this behalf by the state government.
