Statutory provisions
The first provision to deal with probation was in Section 562
of the Code of Criminal Procedure,1898. After the amendment in
1973, the probation was dealt with in Section 360 of the Code of
Criminal Procedure. This Section says that if:
Any person who is not below twenty-one years and is convicted of
a crime for which the punishment is imprisonment for seven years or
is convicted for an offence punishable with fine.
Or any person who is below twenty-one years or if any women
convicted of an offence not punishable with imprisonment of life or
death and no previous conviction is proved against the offender.
And appears before the court, regardless of the
circumstances ,Age ,Character in which he has committed the
offence, the court might release the offender on the promise of good
conduct.
The court might release him on entering the bond for good conduct
and peace instead of punishing the offender with imprisonment
History
Developed – 18 th century
20 th Century Various Countries were Started enacting this Cocept
India- Bill Started Drafting
A Bill on Probation of Offenders was introduced in Lok Sabha on
November 18, 1957.
On 25 February 1958, the Joint Committee delivered its report to Lok
Sabha.
In Parliament, the Probation of Offenders Act was adopted on the
advice of the Joint Committee.
Enacted – 1958- Probation of offenders Act -1958
Probation in India is used as an institutional method of treatment.
The western does not allow the use of institutional methods for
probation. They administer probation by voluntary organisations of
sociologists and psychologists. They consider that the judges should
not interfere with this.
Objectives of the act
1. Substitution For Imprisonment
2.Reform for the Offender Rather Punish
3.Conditional Release of an Offender on the promise of Good
Behaviour(Crime Committed due to Bad Company or Influence-
Punishing May lead to bcme a Harden Criminal.)
4.Even For Matured Person
Probation – Not Given
1.Socio- Economic Offence(Corruption ,Bribe)
2.Habitual Offender
3.Previous Conviction
Act –Totally 19 Section
S- 3 - 12 – Procedure for Court
Admonition - S- 3
• 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 by Executing
bond.
Probation on good conduct -S- 4
• 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 has to consider the circumstances of the case including
the nature of the offence and the character of the offender.
• 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 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
Cost and compensation-S 5
• The offender to pay compensation to the victim for the loss or the
injury occurred to him. Or
• Cost of the proceeding as the court may think reasonable.
Rajeshwari Prasad v. Ram Babu Gupta, AIR 1961
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.
S-6. Restrictions on imprisonment of offenders under twenty-one
years of age
BELOW 21 YRS
Pre investigation Report By Probation Officer
Report(Age , character, situation which make the commission of
crime)
Based on probation or sentence
S-7. Report of probation officer to be confidential
14. Duties of probation officers.
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
• S-15. Probation officers to be public servants.
• S- 17. Power to make rules.
PROCEDURE
COMMISION OF CRIME
INVESTIGATION
ARREST
TRIAL
FINAL ARGUMENTS
GUILT PROVED
S-360 APPLICATION
BELOW 21 YEARS(MANDATORY) –P.O –PRE INVESTIGATION
REPORT(AGE NATURE ,CHARACTER,MENTAL PHYSICAL
SITUATION OF OFFENDER)
DESCION-PROBATION OR SENTENCE
SENTENCE REASON TO BE RECORDED
