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Home Bare Acts Phrase: probateProbation of Offenders Act, 1958 (20 of 1958). Complete Act
Title: Probation of Offenders Act, 1958 (20 of 1958).
State: Central
Year: 1958
Preamble1 - PROBATION OF OFFENDERS ACT, 1958 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Power of court to release certain offenders after admonition Section4 - Power of court to release certain offenders on probation of good conduct Section5 - Power of court to require released offenders to pay compensation and costs Section6 - Restrictions on imprisonment of offenders under twenty-one years of age Section7 - Report of probation officer to be confidential Section8 - Variation of conditions of probation Section9 - Procedure in case of offender failing to observe conditions of bond Section10 - Provision as to sureties Section11 - Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision Section12 - Removal of disqualification attaching to conviction Section13 - Probation officers Section14 - Duties of probation officers Section15 - Probation officers to be public servants Section16 - Protection of action taken in good faith Section17 - Power to make rules Section18 - Saving of operation of certain enactments Section19 - Section 562 of the Code not to apply in certain areas
List Judgments citing this sectionProbation of Offenders Act, 1958 (20 of 1958). Section 13
Title: Probation Officers
State: Central
Year: 1958
(1) A probation officer under this Act shall be-- (a) a person appointed to be a probation officer by the State Government or recognised as such by the State Government; or (b) a person provided for this purpose by a society recognised in this behalf by the State Government; or (c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case. (2) A court which passes an order under section 4 or the District Magistrate of the district in which the offender for the time being resides may, at any time, appoint any probation officer in the place of the person named in the supervision order. Explanation.--For the purposes of this section, a presidency-town shall be deemed to be a district and chief presidency magistrate shall be deemed to be the district magistrate of that district. (3) A probation officer, in the exercise of his duties under this Act, shall be subject to the control of the district magistrate of the district in which the offender for the time being resides.
View Complete Act List Judgments citing this sectionProbation of Offenders Act, 1958 (20 of 1958). Section 4
Title: Power of Court to Release Certain Offenders on Probation of Good Conduct
State: Central
Year: 1958
.....court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. (2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case. (3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order, impose such conditions as it deems necessary for the due supervision of the offender. (4) The court making a supervision order under sub-section (3) shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the court may, having regard to the particular circumstances,.....
View Complete Act List Judgments citing this sectionProbation of Offenders Act, 1958 (20 of 1958). Preamble 1
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 sectionProbation of Offenders Act, 1958 (20 of 1958). Section 8
Title: Variation of Conditions of Probation
State: Central
Year: 1958
..... 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 proposed to be made under sub-section (1), the court may require the offender to enter into a fresh bond and if the offender refuses or fails to do so, the court may sentence him for the offence of which he was found guilty. (3) Notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him.
View Complete Act List Judgments citing this sectionProbation of Offenders Act, 1958 (20 of 1958). Section 7
Title: 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 sectionProbation of Offenders Act, 1958 (20 of 1958). Section 14
Title: Duties of Probation Officers
State: Central
Year: 1958
A probation officer shall, subject to such conditions and restrictions, as may be prescribed,-- (a) inquire, in accordance with any directions of a court, into the circumstances or home surroundings of any person accused of an offence with a view to assist the court in determining the most suitable method of dealing with him and submit reports to the court; (b) supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment; (c) advise and assist offenders in the payment of compensation or costs ordered by the Court; (d) advise and assist, in such cases and in such manner as may be prescribed, persons who have been released under section 4; and (e) perform such other duties as may be prescribed.
View Complete Act List Judgments citing this sectionProbation of Offenders Act, 1958 (20 of 1958). Section 15
Title: Probation Officers to Be Public Servants
State: Central
Year: 1958
Every probation officer and every other officer appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 9
Title: Probate, Letters of Administration and Administration of Assets of Deceased
State: Central
Year: 1925
.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 4
Title: Of the Practice in Granting and Revoking Probates and Letters of Administration
State: Central
Year: 1925
.....court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act. Section 299 - Appeals from orders of District Judge Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals. Section 300 - Concurrent jurisdiction of High Court (1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay1[* * *] shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. ______________________ 1. The words "and the province of.....
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