THAKUR RAMNARAYAN COLLEGE OF LAW

FARHAN HAMEED KHAN

(B/72)

FIFTH YEAR BLS/LLB

SEM- IX SEMESTER

SUB:- THE CODE OF CRIMINIAL PROCEDURE [CrPC]

TOPIC:- PROBATION OF OFFENDERS ACT, 1958.

Date: 26.09.2023

PROFESSOR; ADVOCATE SHIVANI GUPTA

 INDEX

Sr. PARTICULARS PAGE NO.

No.
1. INTRODUCTION & MEANING 3

2. SCOPE & BACKGROUND 4

3. AIMS & OBJECTIVES 5

4. SALIENT FEATURES 6

5. STATUTORY PROVISIONS
1. ADMONITION
2. PROBATION ON GOOD CONDUCT
3. COST & COMPENSATION 7 - 10
4. OFFENDERS UNDER 21 YEARS OF AGE
5. REPORT OF PROBATION OFFICERS

6. CONCLUSION & BIBLOGRAPHY 11

 Probation of Offenders Act, 1958.
Introduction:
The Probation of Offenders Act, 1958, is a significant piece of legislation in the realm of
criminal justice in India. Enacted as an amendment to the Criminal Procedure Code (CrPC),
this act seeks to provide an alternative to the traditional punitive approach to criminal
sentencing. The primary objective of the Probation of Offenders Act is to promote the
rehabilitation and reintegration of first-time offenders into society, emphasizing the potential
for their reform rather than their punitive treatment.

Under this act, a "probation officer" is appointed by the state government to assess and report
on the suitability of an offender for probation. The probation officer plays a crucial role in
evaluating the offender's background, circumstances, and the nature of the offense
committed. This assessment is vital in determining whether probation is a viable option for
the offender.

The act empowers the court to release certain offenders on probation of good conduct. It
provides the judiciary with discretion in deciding whether to impose a sentence of
imprisonment or to release the offender on probation, taking into account factors such as the
age, character, antecedents, and other circumstances of the offender. It also considers the
nature and gravity of the offense committed.

Probation, as envisaged by the act, involves the release of the offender into the community
under the supervision of a probation officer for a specified period. During this time, the
offender is expected to abide by certain conditions and refrain from engaging in criminal
activities.

The act places a strong emphasis on the principle of reform and reintegration. It recognizes
that many individuals who commit their first offense may be driven by various socio-
economic factors, and with the right support and guidance, they can become law-abiding
citizens. By offering probation as an alternative to imprisonment, the act aims to reduce the
burden on an already overcrowded prison system while giving individuals a chance to redeem
themselves.

Additionally, the Probation of Offenders Act incorporates provisions for the imposition of a
suspended sentence, which means that the court can pass a sentence of imprisonment but
suspend its execution on certain conditions. If the offender fails to comply with these
conditions, the court may then order the execution of the sentence

Meaning:
The Probation of Offenders Act, 1958, provides a legal framework for the release of
offenders on probation rather than sentencing them to imprisonment. Probation, in this
context, refers to a period during which the offender is allowed to live in the community
under certain conditions and supervision. This approach aims to give offenders an
opportunity to reform and reintegrate into society while maintaining a degree of control and
monitoring.
Scope & Background:
The Act was enacted in 1958 and came into effect on April 1, 1959. Its scope extends to the
whole of India, except the state of Jammu and Kashmir. The Act was introduced to promote a
more humane and reformative approach to criminal justice, recognizing that imprisonment
does not always lead to the rehabilitation of offenders and may, in some cases, exacerbate
criminal behavior. The Probation of Offenders Act, 1958, is a significant piece of legislation
in the realm of criminal law in India. It is an essential component of the Code of Criminal
Procedure (CrPC) and plays a crucial role in the rehabilitation and reformation of offenders
within the Indian criminal justice system.

The scope of the Probation of Offenders Act, 1958, is primarily aimed at promoting the
rehabilitation and reintegration of first-time offenders and young offenders back into society.
It recognizes that not all individuals who commit criminal offenses are hardened criminals
and that many of them may have committed crimes due to various socio-economic and
psychological factors. The Act acknowledges the potential for reform in such individuals and
provides a framework for giving them a second chance rather than subjecting them to the
punitive aspects of the criminal justice system.

Under this Act, the court has the discretion to release certain offenders on probation instead
of imposing a prison sentence. The probation order typically involves certain conditions and
supervision by a probation officer. These conditions may include regular reporting to the
probation officer, participation in rehabilitation programs, and undertaking community
service. The Act ensures that the probation process is tailored to the specific needs and
circumstances of the offender.

The background of the Probation of Offenders Act, 1958, can be traced back to the principles
of restorative justice and the need to address the root causes of criminal behavior rather than
simply punishing offenders. It was enacted at a time when there was a growing recognition of
the limitations of the traditional retributive approach to criminal justice. The Act was a
significant departure from the prevailing punitive mindset and reflected a more progressive
approach to dealing with offenders.

Furthermore, the Act takes into account the age, character, antecedents, and circumstances of
the offender when determining whether probation is an appropriate alternative to
imprisonment. It particularly focuses on young offenders and first-time offenders,
acknowledging that they are more amenable to rehabilitation and less likely to become
habitual criminals if given the opportunity for reform.
Aim & Objectives:
The Probation of Offenders Act, 1958 is an important piece of legislation in India that aims to
provide an opportunity for the rehabilitation of first-time offenders and young offenders,
rather than subjecting them to imprisonment. The primary objectives and aims of the
Probation of Offenders Act, 1958 under the Code of Criminal Procedure (CrPC) are as
follows:

1. Rehabilitation: The Act aims to rehabilitate first-time offenders and young offenders
by offering them a chance to reform and reintegrate into society, rather than sending
them to prison where they may learn criminal behavior from hardened criminals.
2. Prevention of Recidivism: It seeks to prevent the recurrence of criminal behavior by
providing counseling, guidance, and supervision to offenders during the probation
period. The hope is that this will reduce the likelihood of the individual committing
further crimes.
3. Humanitarian Approach: The Act reflects a more humane and progressive approach
to dealing with offenders, especially juveniles and first-time offenders. It recognizes
that some individuals may have committed offenses due to various factors like
poverty, lack of education, or peer pressure, and aims to address these underlying
issues.
4. Reducing Prison Overcrowding: By diverting certain offenders away from
imprisonment, the Act helps in reducing prison overcrowding and the associated
strain on the criminal justice system.
5. Individualized Approach: It allows for the individualized assessment of each
offender's circumstances and the imposition of conditions that are tailored to their
specific needs and the nature of the offense committed.
6. Protection of Society: While the Act focuses on rehabilitation, it also takes into
consideration the protection of society. Offenders placed on probation are typically
subject to certain conditions, including reporting to a probation officer and refraining
from criminal activities, to ensure they do not pose a risk to society.
7. Judicial Discretion: The Act gives judges the discretion to determine whether a
particular offender is suitable for probation or not. This allows for a case-by-case
assessment of whether probation is appropriate.
8. Record Preservation: Successful completion of probation under this Act can result in
the offender's record being preserved without a formal conviction, which can be
beneficial for the individual's future employment and social prospects.

Overall, the Probation of Offenders Act, 1958, is designed to balance the need for
punishment and deterrence with the opportunity for rehabilitation and reintegration into
society. It provides a more flexible and humane approach to dealing with certain categories of
offenders, with the goal of reducing future criminal behavior and promoting social
reintegration.
Salient Features:
The Probation of Offenders Act, 1958 is an important piece of legislation in India that aims to
provide a chance for the rehabilitation of first-time offenders rather than subjecting them to
the rigors of imprisonment. This act falls under the purview of the Criminal Procedure Code
(CrPC) and contains several salient features:

1. Applicability: The Act applies to first-time offenders who have committed offenses
punishable with imprisonment of up to 2 years. It does not apply to certain serious
offenses like murder, rape, dacoity, etc.
2. Objective: The primary objective of the Act is to promote the rehabilitation and
social reintegration of offenders, rather than focusing solely on punishment.
3. Probation Officer: The Act establishes the role of a Probation Officer who assesses
the offender's background, circumstances, and potential for rehabilitation. This officer
assists the court in making a decision regarding probation.
4. Probation Orders: The court may release the offender on probation instead of
sentencing them to prison. The court can impose certain conditions that the offender
must adhere to during the probation period. These conditions are designed to help
reform the offender and prevent future criminal behavior.
5. Duration of Probation: The probation period typically ranges from one to three
years, as determined by the court. During this period, the offender must regularly
report to the Probation Officer and adhere to the specified conditions.
6. Breach of Conditions: If the offender violates the probation conditions, the court
may revoke the probation and order the original sentence to be served.
7. Discharge: If the offender successfully completes the probation period without any
violations, they are discharged, and no conviction is recorded against them. This
allows them to avoid the stigma associated with a criminal record.
8. Confidentiality: The Act emphasizes the need for confidentiality, ensuring that the
offender's records and information are not disclosed to the public. This helps in the
offender's reintegration into society.
9. Juvenile Offenders: The Act also applies to juvenile offenders and provides a
framework for their rehabilitation.
10. Judicial Discretion: The court has discretion in deciding whether to grant probation,
taking into account the nature of the offense, the offender's character, and other
relevant factors.
11. Non-Applicability to Repeat Offenders: The Act is not applicable to individuals
who have previously been convicted of an offense and are subsequently charged with
a new offense.
12. Review and Evaluation: The Probation Officer plays a crucial role in monitoring the
progress of the offender during the probation period and providing regular reports to
the court.

Overall, the Probation of Offenders Act, 1958, is aimed at offering a second chance to first-
time offenders by focusing on their rehabilitation rather than imposing punitive measures like
imprisonment. It seeks to strike a balance between punishment and reintegration into society
while considering the unique circumstances of each case
Statutory provisions under the Act

The Probation of the Offenders Act, 1958 excludes the application of Section 360
of the Code of Criminal Procedure, 1973 whenever the Act is applied. Section 3 to
Section 12 of the Probation of the Offender Act, 1958 deals with the procedures of
the court to deal with the release of the offenders. The important aspects of the
provisions are discussed in five ways:

1. Admonition
Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to
release the offender after admonition. An Admonition, in literal terms, means a firm
warning or reprimand. Section 3 says how the offender is benefited on the basis of
admonition after satisfying the following conditions:
• When any person is found guilty of committing an offence under Section 379 or Section
380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code,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.

• An offender should not previously be convicted for the same offence.

• The Court considers the nature of the offence and the character of the offender.

• The Court may release the offender on probation of good conduct applying Section 4 of the
Act, instead of sentencing him.and,

• The Court may release the offender after due admonition, instead of sentencing him.
Case laws

1. Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC 291 –

In this case, the appellant was an employee of the Railways at the Paldhi Railway
Station. He abetted the execution of a charcoal theft crime committed by Bhikan
Murad in the case before the Special Judicial Magistrate First Class (Railways),
Bhusawal, on the charges of charcoal stealing. The learned Magistrate acquitted the
appellant of that crime, and the State Government filed an appeal before the Bombay
High Court against the acquittal judgment passed by the learned Magistrate. He was
charged with a fine of Rs. 500 and in default of payment, rigorous imprisonment for
two months. The sub ject matter of theft was a quantity of coal valued at Rs. 8. The
Supreme Court held that in case of minor thefts, the High Court should extend the
benefit of Section 3 or Section 4 of the Probation of Offenders Act,1958 or Section
360 of the Code of Criminal Procedure,1973 rather than imposing fines.
 2. Probation on good conduct
Section 4 of the Probation of the Offenders Act,1958 talks about the release of the offender
on the basis of good conduct. It is a very important Section of the Act. The important points
that must be remembered for the application of this Section are:

Section 4 of the Act is not applicable if the offender is found guilty of an offence with
death or imprisonment for life.

The court may pass a supervision order to release the offender on probation of good
conduct. The supervisory period is not to be shorter than one year. The probation officer must
supervise the individual for such a span in such a situation. In the supervisory order, the name
of the probation officer should be listed.

The Court can direct the offender to execute a bond, with or without sureties, to appear and
receive sentence when called upon during such period which should not exceed a period of
three years. The court may release the offender on good behaviour.

The Court may put appropriate conditions in the supervision order and the court making a
supervision order explain to the offender the terms and conditions of the order. Such
supervision order should forthwith be furnished to the offender.

Probation officer’s report is not compulsory to enforce this rule, but if the information is
required on record, the Court shall take into account the probation officer’s information
before granting a probation order for good behaviour.

Case laws
1. Smt. Devki v. The State of Haryana, AIR 1979 SC 1948 –
In this case, it was observed that Section 4 would not be extended to the abominable
culprit who was found guilty of abducting a teenage girl and forcing her to sexual
submission with a commercial motive.

3. Cost and compensation

Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released under
Section 3 or Section 4 of this Act, even then the court might order:

The offender to pay compensation to the victim for the loss or the injury occurred to him.

Cost of the proceeding as the court may think reasonable.

Case laws
1. Rajeshwari Prasad v. Ram Babu Gupta, AIR 1961 Pat 19 – The amount of compensation is
purely on the discretion of the court to grant if it thinks it is reasonable in the case. Thus,
deciding the amount of compensation, it is solely the court’s discretion to require payment
and costs where it finds.
 4. Offenders under 21 years of age

Section 6 of the Probation of the Offenders Act,1958 talks about the restriction on the
imprisonment of offenders under twenty-one years of age. This provision says that offenders
who are under 21 years of age are not sent to prison where the offence is not so serious as to
warrant imprisonment for life or death. Important points to be remembered before the
application of Section 6:

In cases where the accused is below 21 years of age, the Court shall call for the report of
the Probation Officer. If the court’s opinion is not desirable with offender either on the
ground of admonition (Section 3) or on the ground of release on probation of good conduct
(Section 4), the Court can pass sentence of imprisonment on the offender who is under 21 of
years ago but the Court cannot sentence him without recording reasons for doing so. The
Court has an obligation to see whether Section 3 or 4 of the Act applies or not. For this
purpose, the Court must call for the report of the Probation Officer. Therefore, the report of
the Probation Officer is mandatory when the offender is under 21 years of age.

The court considers the nature of the offence and the character, physical and mental
condition of the offender before making any decision.

It is difficult for the court to come to a conclusion whether Section 3 or Section 4 applies
or not unless the Court considers the report of the Probation Officer, therefore, the report of
the Probation Officer is mandatory under Section 6 of the Act.

On receiving a report, the Court peruses it and decides whether the offender can be
released on admonition or probation of good conduct or not.

After receiving the report, if the court orders that the offender shall not be released,
applying Section 3 or Section 4 of the Act, the Court can pass sentence to the offender
recording the reasons for doing so.

Case laws
1. Daulat Ram v. The State of Haryana 1972 SC 2434 –
In this case, it was held that the aim of this Section was to protect the youth. The
juvenile offenders would not be sent to jail if their crime was not as serious as to
punish them with life imprisonment or death. Therefore, the provision should be
liberally construed keeping in view the spirit embodied therein.
 5. Report of probation officers

Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report of
the probating officer is kept confidential. No Probation Officer’s report is necessary to apply
Section 4 of the Probation of Offenders Act but such report is must under Section 6 of
Probation of Offenders Act if the offender is under 21 years of age. However, if such a report
is available on the record, under Section 4 of the Act, the Court shall not ignore it and that the
Court shall take the report into consideration.

The offence for which probation cannot be granted under the Act

There are certain cases in which the Probation of the Offender Act is not applicable.
In normal circumstances the Probation of the Offender Act is not applicable to:

Section 409, 467 and 471 of the Indian Penal Code – these Sections deal with breach of
trust by public servants, forgery of valuable security and will and documents used as a
genuine forgery. In Rev vs By Adv. Sri P.K.Ravisankar and State Of Gujarat vs V.A.
Chauhan, on 3 February 1983, the court did not grant release of the offenders on the basis of
Section 3 and Section 4 of the Probation of the Offenders Act,1958.

Probation of the Offenders Act,1958 does not grant the release on the grounds of kidnap or
abduction. In the case of Smt. Devki v. State of Haryana, AIR 1979 SC 1948 it was observed
that Section 4 would not be extended to the abominable culprit who was found guilty of
abducting a teenage girl and forcing her to sexual submission with a commercial motive.

The Act refrains from providing release of habitual offenders. In the case of Kamroonissa
v. the State of Maharashtra, AIR 1974 SC 2117, the appellant was charged with the theft of
gold. She was punished by rigorous imprisonment. She was under 21 years of age. The
probation officer thus requested the court to grant her the release under Sections 3 and 4 of
the probation of the offender’s Act. The court refused the claim by addressing that the
appellant had been engaging in various crimes before and was arrested in 1971.
CONCLUSION:

The Probation of Offenders Act, 1958, introduced a progressive and humane approach to the
treatment of offenders within the Indian criminal justice system. This legislation aimed to
provide an opportunity for rehabilitation and reintegration of first-time and young offenders
into society while reducing the burden on overcrowded prisons. By granting the courts the
discretion to release offenders on probation, it not only emphasizes the principle of reform
over retribution but also acknowledges that social reintegration is often a more effective
means of preventing future criminal activity. However, it is essential to strike a balance
between leniency and ensuring public safety. Therefore, the Act also empowers the courts to
closely monitor the conduct of offenders during the probation period. Overall, the Probation
of Offenders Act, 1958, represents a significant step in the evolution of the Indian criminal
justice system, aligning it with international best practices for rehabilitating offenders and
fostering a more compassionate and rehabilitative approach to criminal justice.

BIBLOGRAPHY
1. https://www.legalserviceindia.com/legal/article-453-the-probation-of-offenders-
act-an-analysis.html
2. https://blog.ipleaders.in/a-study-on-the-probation-of-offender-act-1958/
3. https://www.indiacode.nic.in/bitstream/123456789/15408/1/the_probation_of_off
enders_act%2C_1958.pdf
4. https://www.humanrightsinitiative.org/download/1457162202Alternatives%20to
%20Imprisonment-%20Probation%20of%20Offenders%20Act,%201958.pdf
5. https://www.studocu.com/in/document/university-of-petroleum-and-energy-
studies/criminal-law/the-probation-of-offenders-act-in-india/25420672