Title : Probation of Offenders Act, 1958
State : Central
Year : 1958
THE PROBATION OF OFFENDERS ACT, 19581 [Act No. 20 of 1958] [16th May, 1958] PREAMBLE An Act to provide for the release of offenders on probation or after due admonition and for matters connected therewith. Be it enacted by Parliament in the Ninth Year of the Republic of India as follows:-- _________________________ 1. Extended to the Union Territories of Pondicherry by Act 26 of 1968, section 3 and Schedule; Dadra and Nagar Haveli by Regn. 6 of 1963 (w.e.f. 1-7-1965) and Goa Daman and Diu by Regn. 11 of 1963 (w.e.f. 18-2-1964) and also to Sikkim (w.e.f. 2-10-1985), vide S.O. 529, dated 22nd July, 1983 read with S.O. 720 (E), dated 2 nd October, 1985, published in the Gazette of India, Extra, Pt. II, section 3 (ii), dated 2 nd October, 1985 . View Complete Act List Judgments citing this sectionTitle : Short Title, Extent and Commencement
State : Central
Year : 1958
(1) This Act may be called the Probation of Offenders Act, 1958. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such date as the State Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different parts of the State. View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1958
In this Act, unless the context other wise requires-- (a) "Code" me ans the Code of Criminal Procedure, 1898 ( 5 of 1898 )1; (b) "probation officer" me ans an officer appointed to be a probation officer or recognised as such under section 13 ; (c) "prescribed" me ans prescribed by rules made under this Act; (d) words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1898 ( 5 of 1898 )1, sh all have the me anings respectively assigned to them in that Code. _________________________ 1. Now see Code of Criminal Procedure, 1973 ( 2 of 1974 ). View Complete Act List Judgments citing this sectionTitle : Power of Court to Release Certain Offenders After Admonition
State : Central
Year : 1958
When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code, or any other law, and no previous conviction is proved against him and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence, and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct..... View Complete Act List Judgments citing this sectionTitle : Power of Court to Release Certain Offenders on Probation of Good Conduct
State : Central
Year : 1958
(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, 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: Provided..... View Complete Act List Judgments citing this sectionTitle : Power of Court to Require Released Offenders to Pay Compensation and Costs
State : Central
Year : 1958
(1) The court directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same time a further order directing him to pay-- (a) such compensation as the court thinks reasonable for loss or injury caused to any person by the commission of the offence; and (b) such costs of the proceedings as the court thinks reasonable. (2) The amount ordered to be paid under sub-section (1) may be recovered as a fine in accordance with the provisions of sections 386 and 387 of the Code. (3) A civil court trying any suit, arising out of the same matter for which the offender is prosecuted, shall take into account any amount paid or recovered as compensation under sub-section (1) in awarding damages. View Complete Act List Judgments citing this sectionTitle : Restrictions on Imprisonment of Offenders Under Twenty-one Years of Age
State : Central
Year : 1958
(I) When any person under twenty-one years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), the court by which the person is found guilty shall not sentence him to imprisonment unless it is satisfied that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it would not be desirable to deal with him under section 3 or section 4, and if the court passes any sentence of imprisonment on the offender, it shall record its reasons for doing so. (2) For the purpose of satisfying itself whether it would not be desirable to deal under section 3 or section 4 with an offender referred to in sub-section (1) the court shall call for a report from the probation..... View Complete Act List Judgments citing this sectionTitle : Report of Probation Officer to Be Confidential
State : Central
Year : 1958
The report of a probation officer referred to in sub-section (2) of section 4 or sub-section (2) of section 6 shall be treated as confidential : Provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report. View Complete Act List Judgments citing this sectionTitle : Variation of Conditions of Probation
State : Central
Year : 1958
(1) If, on the application of a probation officer, any court which passes an order under section 4 in respect of an offender is of opinion that in the interests of the offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof or by inserting additional conditions therein: Provided that no such variation shall be made without giving the offender and the surety or sureties mentioned in the bond an opportunity of being heard. (2) If any surety refuses to consent to any variation..... View Complete Act List Judgments citing this sectionTitle : Procedure in Case of Offender Failing to Observe Conditions of Bond
State : Central
Year : 1958
(1) If the court which passes an order under section 4 in respect of an offender or any court which could have dealt with the offender in respect of his original offence has reason to believe, on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his sureties, if any, requiring him or them to attend before it at such time as may be specified in the summons. (2) The court before which an offender is so brought or appears may either remand him to custody until the case is concluded or it may grant him bail, with or without surety, to appear on the date which it may fix for hearing. (3) If the..... View Complete Act List Judgments citing this section