Best explanation Aim and Object of probation of offenders act 1958

Probation of offenders act

Aim and Object of Probation of offenders Act 1958 

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-


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 


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.



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