CHAPTER: III

CONCEPT OF PROBATION IN INDIA

Through the concept of “Suspension of sentence and probation" the

criminals can be treated as a probationer and during the term of probation the

probation officer will keep watch upon them.

Now, before entering into the details we must know the meaning of the

term “probation”...

The word probation is of Latin origin, and is derived from the Latin word

‘probatio’. Its meaning is to test, to prove and to try. That means “a system of

proving, or examining investigating and supervising for treatment. It is a

mission actuated by the highest ideals of human helpfulness and social

services towards those in need. A probationer is put in his or her normal

environment for a period of time under the supervision of a probation officer

when placed on probation.

According to Don M. Gottfredson probation means “a procedure by

which a convicted person is released by the court without imprisonment,

subject to conditions imposed by the court. Thus probation is the part of the
 64

decision making process of judges at the time of sentencing.”1 Actually the

legal concept of probation as a criminal justice system is 'conditional

suspension of sentence’

According to Sutherland and Cressey...

“Although probation is to a long extent a non-punitive method of

handling offenders, it has developed within the framework of a legal system

which is basically punitive. Probation is an attempt to deal with the offenders,

as individuals rather than as classes or concepts to select certain offenders

who can be expected with assistance, to change their attitude and their habits

while residing in the free community, and to use a great variety of non punitive

methods in rendering assistance to those offenders selected”.

“Probation thus is a system for implementing the treatment reaction to

law breaking.”

It does not attempt to make the offender suffer; it attempts to prevent

him from suffering. Some suffering results from having been placed in the

“probationer" status but, in theory at least, this suffering is not intentional and

is avoided as far as possible.

Consequently there is no reason for insisting that probation is

punishment, as some authors have done in an effort to win for the system.

1 Encyclopaedia of Crime and Justice, S H. Kadish (Ed.), The Free Press, 1983, Vol. Ill,
P.1247 and N. K Chakrabarty, Probation Services in the Administration of Criminal Justice,
New Delhi: Deep and Deep Publication, (1999) p20
 65

Tappan, while expressing his views about probation has observed thus

“probation today, in effect, is the suspending of a sentence against an

offender during which suspension he is bound over to a probation officer to be

of good behaviour.

In many a rural country the probation of offender under a policeman or

sheriff is remaining of the old custom of binding over.

Taft says that, “Probation is a process of treatment, prescribed by the

court for persons convicted of offenders against the law, during which the

individual on probation lives in the community and regulates his own life under

conditions imposed by the law court and is subject to supervision by a

probation officer.”

Probation is suspension of sentence of an offender on certain

conditions with permission to remain in the community, subject to the control

of the courts, and under the supervision and guidance of a probation officer.

Thus probation involves: -

1) The withholding of imprisonment of the convicted offender,

2) Conditional release,

3) Permission to live in the community,

4) Supervision of an agent of the court.

 66

This definition points out six elements of Probation: -

1) The offence has been proved in the courts and has been found

worth punishment.

2) Imposition of punishment is postponed for a specific period.

3) The offender is given more chance to prove that he can live as law-

abiding member of the society.

4)' Imposition of conditions by the courts indicates that he is still under

their control.

5) The offender is generally kept under the supervision of a probation

officer.

6) The measure aims at not punishing but reforming and rehabilitating

the offender.

The suspension of sentence may involve either suspension of the

imposition of sentence or suspension of the execution of sentence. In some

countries, “execution” is suspended. However in India the “imposition" itself is

suspended, which means that on revoking probation i.e. on violating the

conditions of release, the court is in position to impose any sentence on him

(i.e. probationer) for the original offence he had committed and not for

violation of the conditions.

Many courts, after suspending the sentence, release the offender

without supervision in the community. Some scholars believe that release

without supervision is not probation because the purpose of the probation is to

 67

provide assistance to the offender in his effort to adjust himself in the

community, and that assistance can be provided only by a Probationer

Officer.

> CONCEPT OF PROBATION IN SHIVAPRADHKSHAMAPAN

STOTRAM:

"Kar Charan Krutam Vak Kayajam Karamjam Va

Shrwana Nayana Jam Va Mansam Va Paradham

Vihitam Vihitam Va Sarwa May Tat Kshmaswa

Jai Jai Karuna Madhe Shri Mahadev Shambho”

//shivapradhkshamapan stotram-14//

It means that whatever I have did it might be a small or a big crime,

which I have done knowingly or unknowingly, consciously or unconsciously

with the help & use of any organ of my body Oh god please forgive me please

pardon me.

Oh Lord, kindly forgive my wrong actions done knowingly or

unknowingly, either through my organs of action (hands, feet, speech) or

through my organs of perception (ears, eyes) or by my mind. Glory unto Thee

Oh Lord, who is the ocean of kindness.

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In other words Sins committed by hands and feet, through words of

mouth or body, or by action arising from ears and eyes, or from the mind

default, knowingly or unknowingly consciously or unconsciously caused,

forgive all these sins ocean of mercy. Hail, hail Oh Mahesh.

It means that the forgiveness is the start point of the probation and in

today’s probation system the thing which added is warning i.e. in

mathematical way it is

Forgiveness + warning = Probation

It’s true that warning is needed to each and every person who is doing

the crime. As usually we see that if a child is doing any wrong mother does

not punish the child for the first time but she warns the child that he should not

do it again. In the same manner here State plays the Role of Mother and

warns for the first offender and the birth of probation occurred.

In the above verse it is the God or Lord who plays the role of mother.

Here in Hindus we are daily, before going to sleep, use to pray God the above

verses and pray him to forgive all the sin what had been done by me today.

It has also been found during discussion with the Muslim Quazi’s and

Mollavi’s that the prayer before going to sleep is for the forgiving ail the sin

what had been done by the Muslim persons.

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> CONCEPT AND EXAMPLE OF EKNATH MAHARAJ:

...As a routine Saint Eknath took bath in holy Godavari River. He was

returning to home, one Muslim person spat on him. He went back to take

bath. Same thing happened 108 times and Saint Eknath forgives him every

time. He just said I am thankful to him, because of him I took holy bath for 108

times.

The person who spit on Saint Eknath Maharaj had fallen down then on

the feet’s of Saint Eknath Maharaj Forgiven him for the act done by him and

he had disclosed his soul intention behind the act and said that he had got the

knowledge of life.

> CONCEPT OF PROBATION IN BIBLE:

The first book of the Bible begins with the story of creation of the

universe including human being as “ADAM”. God created woman known as

“EVE” from the left rib of Adam. God kept this couple in the garden of “Aden"

that was full of fruit trees of various kinds. At the centre of the garden was the

tree of “LIFE" the fruits of which Adam and Eve were prohibited to eat by God.

Eve was tempted by Satan in disguise of a Serpent. Eve disobeyed God, ate

the fruit and half of it gave to Adam. Thus they Sinned and the whole human

race become sinner by birth and by nature and also a mortal being.
 70

God still loved the human being but could not forgive them because

even god can not go against the rule that he had made.

The Bible says that “All have sinned and come short of the glory of

God.J,2Man as a sinner is liable to the punishment of second death that is

never ceasing fire in hell. Because the Bible says, “The Wages of sin is death

but the gift of God is Eternal life thought Jesus Christ our lord.”23

Now God loves man but can not save him because he is bound by the

law of his own making. The wages of sin is death and that has to be paid by

some one then and then only the one who pays the ransom can set man free

from the punishment of sin which is hell. God is one on one mountain peak

and man is on another mountain peak, between them is a huge valley of sin.

Now the question is how is God going to reconcile man with himself filling the

valley of sin?

God had a plan, he sent his only begotten son Jesus Christ in the world

who was without sin as the Vedas also state that the sacrifice has to be

blameless. According to the plan Jesus Christ died on the cross for sins of the

whole world and rose again on the third day gaining victory over the second

death. This cross is the bridge over the valley of sin reconciling man with

himself. The cross is the meeting place of God’s judgment and his love to

save the man and give him eternal life.

2 Roman 3'23, Bible.

3 Roman 6.23, Bible
 71

This is the message of the Bible to the whole world that God reconciles

man through Jesus Christ his son. The Bible says, “For God so loved the

world, that he gave his only begotten son, that whosoever believes in him

should not perish, but have everlasting life.”4

> CONCEPT AND OBJECT OF PROBATION:

The concept of probation may be distinguished from certain analogous

techniques like parole. These are the techniques to mitigate the

consequences of severe punishment when imprisonment becomes the more

common mode of penal sanction in place of transportation and capital

punishment. Probation came into existence to save some selected types of

persons from the rigorous of punishment even if found guilty by a court.5

Probation is not a ‘thing’ to be taken or left but a set of ideas and

possibilities to be used creatively and strategically to solve local problems of

criminal justice. It is rather a frame work into which locally feasible and

desirable solutions may be fitted into.6

4 John 3:16, Bible.

5 Ahmad Siddique, Criminology Problems and Perspectives, 4th Edition, Lucknow: Eastern
Book Company, (1997) p 189.
6 Jon F. Klaus, UNICRI, Commonwealth Secretariat, Handbook on Probation, Rome/ London,
Publication No. 60, (1998) p 8
 72

In England probation has not been defined any where in the statutes

and the nearest thing to an official definition was provided by the Morrison

Committee which observed the probation is the “submission of an offender

while at liberty to specified period of supervision by a social caseworker who

is an officer of the court’. It is apparent that in England probation order is not a

sentence: it was the implied consequence of, and is now the condition of, a

type of binding over since probation originated in the form of voluntary

assistance and guidance given to the persons bound over to be of good

behaviour. Probation order is made instead of sentencing and therefore

cannot be regarded as conviction in general in future proceedings except

when the offender prefers an appeal against the basis of the order itself

pleading that he was wrongfully found guilty of the alleged offence. In England

the law provides:

“where a court by or before which a person is convicted of an offence is

of opinion that having regard to the circumstances, including the nature of the

offence and the character of the offender, it is expedient to do so, the court

may, instead of sentencing him, make a probation order, that is to say, an

order requiring him to be under the supervision of a probation officer for a

period to be specified in the order of not less than one year nor more than

three years.”

The position under the Indian law will be evident from the following

extracts of the relevant law:

 73

“ 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”. It is further provided that 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.

It follows, therefore, that the Indian law differs substantially from the

corresponding English provision. Under English law, in every case when an

offender is to. be released under probation, he is to be placed under a

supervisor which is not necessarily the position in India. The co.urt in India

may not resort to Sec.4 (3) and may release the offender under sec.4 (1) of
 74

the Act under the bond with or without sureties and without any arrangement

for supervision.

The sole intention of the legislature in passing probation law is to give

persons of a particular type a chance of reformation which they would not get

if sent to prison. The type of persons who are in the contemplation of the

legislature under the probation laws are those who are hardened or

dangerous criminals but those who have committed offence under some

momentary weakness of character or some tempting situations. By placing

the offender on probation the court saves him from the stigma of jail life and

also from the contaminating influence of hardened prison inmates. Probation

also severs another purpose which is quite significant though of secondary

importance. It helps in eliminating overcrowding in jails by keeping many

offenders away from them under probation programmes.

Probation work is described as intended ‘to prevent relapses into crime

by strengthening, to the greatest possible extent, the clients self-confidence

and self discipline and by strengthening his ability to evaluate himself in social

and economic contexts and translate this experience into practice’.7

7 United Nations Interregional Crime and Justice Research Institute, Promoting probation
internationally, Rome/London' publication no.58 Dec. 1997, p 6.
 75

> SOCIO-LEGAL CONCEPT OF PROBATION:

Probation is the socio-legal concept. Because the law is applied with

the society and society get the result of that law i.e. socio-legal concept.

Why we call it as socio-legal?

Because, criminal is a component of the society who does do the act of

criminality. He has been awarded punishment. On his well behavioural

attitude he is released from that punishment, by applying certain conditions.

He is treated as a well behaved man in the society and the society accepted

it.

Probation, whether it is for juveniles or for adults, permits a more

normal social experience than institutionalisation and makes possible varying

degrees of control over the delinquents together with the option of sentencing

him to an institution if he violates probation conditions.

In other words, probation enables the delinquent to maintain contact

with his family and other social agencies. It means a less routinised and more

self directed existence. It makes the offender independent and leaves him

responsible for self-support.

 76

It enables the probationer to keep himself away from the criminogenic

atmosphere of prison and earn his living rather than leading an idle and

wasteful life. He dose not remains a burden on his family or society because

he can earn his living himself.

It offers an opportunity for the probationer to adjust himself to normal

i

society thus avoiding an isolated and dull life in the prison.8

Hence, the law applied with the person of the society to create the

good personality of a person (who had committed the guilty act) and the

society gets the good result of such law applied hence it is socio-legal.

The Socio-Legal researches on probation reveals that the factors which

influence judicial sentencing includes age, sex or maturity of the offender, his

family background, nature of the crime and the circumstances under which

the offence is committed and also the previous criminal record of the offender.

Hence Probation is a Socio-Legal concept.

This concept gives lesson to the probationer and also makes the

improvement in the probationer that means it’s the complete change in him or

we may call it as complete reformation of that person i.e. probationer.

Prof. N V. Paranjape, Criminology and penology, 11th Edition, Allahabad. Central Law
Publication, (2001).
 77

Previously in the ancient period the King was looking and thinking at

the conditions in which the offender had does the offence and after complete

study of the details of the case he then gives certain instructions and

information to the offender and after informing him he acquits him and in such

situation society was accepting him as if he has not done any offence, here

the concept of probation was present in that era which also stands as Socio-

Legal.

> SOCIO - ECONOMIC CONCEPT OF PROBATION:

Moreover, the different probationers have different skills and such skills

can be used by the government by giving them training of their area of interest

and the jobs with salary be given to them and by doing this the supervision

can be done easily. Along with that the probation officer may be able to visit

him at his work place and the probationer may not take it as otherwise in his

area or society.

Probation is not the sole answer to the problem of crime but it is an

important part of the whole solution. There are a number of reasons why

probation is to be viewed favourably: over-population of prisoners is one of

them, sanitary reasons, age, social conditions, are other reasons; it also

greatly reduces the financial costs to the public treasury for an effective

control system, it affirmatively promotes the rehabilitation of the offender, and

 78

offers the offender an opportunity to redress the community from the harm

done by the offence.9

According to Albrecht

“Socio-economic and political change has affected sanction systems

and their implementation ever since modern criminal law has emerged as a

central element of the modem state in the middle ages. The transition from

the ubiquitous use of corporal punishment and the death penalty to the

modern prison and the transition from prison as the regular approach to

punishment to alternatives like the fine, probation, suspended sentence and

other types of intermediate penalties replacing immediate physical control

through supervision and various types of non-custodial control, and most

recently the attempts to shift the focus from punishment to mediation and

reparation demonstrates the enormous changes sanction systems and

underlying philosophies have undergone so far in history and points towards

the potential for change actually available for criminal law reform."10

> CONCEPT OF PROBATION COMPARED:

The concept of probation may be distinguished from certain analogous

techniques like parole. In England probation has not been defined anywhere

in the statutes and the nearest thing to an official definition was provided by

9 United Nations interregional Crime and Justice Research Institute, Promoting probation
internationally, Rome/London: publication no.58 Dec.1997, p.6.
10 Albrecht, H.-J., ‘Sanctions and their Implementation’,(1996),Twenty-first Criminological
Research Conference, Document PC-CRC (96) 5, Strasbourg' Council of Europe, 19-22
November.
 79

the Morrison Committee which observed the probation is the “submission of

an offender while at liberty to specified period of supervision by a social

caseworker who is an officer of the court’. It is apparent that in England

probation order is not a sentence; it was the implied consequence of, and is

now the condition of, a type of binding over since probation originated in the

form of voluntary assistance and guidance given to the persons bound over to

be of good behaviour. Probation order is made instead of sentencing and

therefore cannot be regarded as conviction in general in future proceedings

except when the offender prefers an appeal against the basis of the order

itself pleading that he was wrongfully found guilty of the alleged offence. In

England the law provides:

“where a court by or before which a person is convicted of an offence is

of opinion that having regard to the circumstances, including the nature of the

offence and the character of the offender, it is expedient to do so, the court

may, instead of sentencing him, make a probation order, that is to say, an

order requiring him to be under the supervision of a probation officer for a

period to be specified in the order of not less than one year nor more than

three years.”

The position under the Indian law will be evident from the following

, extracts of the relevant law;

“ 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

 80

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” It is further provided that 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.

It follows, therefore, that the Indian law differs substantially from the

corresponding English provision. Under English law, in every case when an

offender is to be released under probation, he is to be placed under a

supervisor which is not necessarily the position in India. The court in India

may not resort to Sec.4 (3) and may release the offender under sec.4 (1) of

the Act under the bond with or without sureties and without any arrangement

for supervision.
 81

The sole intention of the legislature in passing probation law is to give

persons of a particular type a chance of reformation which they would not get

if sent to prison. The type of persons who are in the contemplation of the

legislature under the probation laws are those who are hardened or

dangerous criminals but those who have committed offence under some

momentary weakness of character or some tempting situations. By placing

the offender on probation the court saves him from the stigma of jail life and

also from the contaminating influence of hardened prison inmates. Probation

also severs another purpose which is quite significant though of secondary

importance. It helps in eliminating overcrowding in jails by keeping many

offenders away from them under probation programmes.

The Provisions of the Probation of Offenders Act are enumerated are

as­

sertion 3: Power of court to release certain offenders after admonition: -

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 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

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releasing him on probation of good conduct under section 4, release him after

due admonition.

Explanation: — For the purposes of this section, previous conviction against

a person shall include any previous order made against him under this section

or section 4.

Here Sec.3 is similar to sub sec 3 of Section 360 of the Code of

Criminal Procedure, 1973 which provides:

In any case in which a person is convicted of theft, theft in a building,

dishonest misappropriation, cheating or any offence under the Indian Penal

Code (45 of 1860), punishable with not more than two years, imprisonment or

any offence punishable with fine only and no previous conviction is proved

against him, the Court before which he is so convicted may, if it thinks fit,

having regard to the age, character, antecedents or physical or mental

condition of the offender and to the trivial nature of the offence or any

extenuating circumstances under which the offence was committed, instead of

sentencing him to any punishment, release him after due admonition.

> WHAT IS ADMONITION?

According to the Longmans dictionary11, admonition means the

warning or expression of disapproval of someone’s behaviour.

According to the Webster’s new world college dictionary,12 admonition

means an admonishing or the warning to correct some fault.

According to the Oxfords dictionary, admonition means a warning to

11 Third edition, p.18

12 Michael Agnes, fourth edition, p.18
 83

somebody about their behaviour.

According to the Manual of Law Terms and Phrases,™ admonition

means a “a lenient’re-proof or censure to an accused person on being

discharged from prosecution.”

In State v/s Ghanshyamdasu the word admonition is defined as -

“Admonition by a Judge is a reprimand a censure or a re-proof warning

the accused that he being let off, but in case of repetition he will be punished

severely in accordance with the law.”

> CONDITIONS FOR ADMONITION:

Under sec. 3 a person of any age can be released on due admonition,

on the following conditions -

i) the offence for which the punishment of imprisonment should not be

more than two years or with fine or with both except the offence
t

punishable under sec. 379 or sec. 380 or sec. 404 or sec. 420 of

IPC.15

ii) There should not be any conviction against the accused.16

> FACTORS FOR GIVING ADMONITION:

To exercise the power of under sec 3, court has to consider the

following factors for giving admonition benefit-

13 K. Jagdish Aiyar, 3rd edition, 1952

14 AIR 1955 Hyd 263 & B. D Khatri, Law of Probation in India, Lucknow: Eastern Book
Company, (1980) p.111
15 Section .3 & B. D. Khatri, B D. Khatri, Law of Probation in India, Lucknow: Eastern Book
Company, (1980). p.111
16 Ibid.
 84

i) Circumstances of the case,

ii) Nature of the offence, and

iii) character of the offender

The Supreme Court has held that in a case of petty theft the High Court

should have extended the benefit of either section 360 of the Code of Criminal

Procedure or section 3 or 4 of the Probation of Offenders Act to the appellant

instead of imposing a sentence of fine on him.17

Where a youth of 21 years was found guilty of an offence punishable

under section 380 of Indian Penal Code and there was no previous conviction,

it was held to be a fit case to be release under section 3 of the Probation of

Offenders Act. 195818.

In Ahmed V/s State of Rajasthan19, the benefit of this Act cannot be

extended to a person who has indulged in an act which has resulted into an

explosive situation leading to possibilities of communal tension.

4. Power of Court to release certain offenders on probation of good

conduct.—

(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

17 Keshav Sitaram Sali v/s State of Maharashtra, AIR 1983 SC 291

18 Basikeson v/s State of Orissa, AIR 1967 On.
19 AIR 1967 Raj 190
 85

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 that the Court shall not direct such release of an offender

unless it is satisfied that the offender or his surety, if any, has a

fixed place of abode or regular occupation in the place over which

the 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.

 86

(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, consider fit to impose

for preventing a repetition of the same offence or a commission of

other offences by the offender.

(5) The Court making a supervision order under sub-section (3)

shall explain to the offender the terms and conditions of the order

and shall forthwith furnish one copy of the supervision order to each

of the offenders, the sureties, if any, and the probation officer

concerned.

If the court forms the opinion that it is expedient to release the offender

on probation for his good conduct regard being had to the circumstances of

the case and the nature of the offence, the offender can be release on the

probation of the good conduct20.

The benefit of the P.O. Act, 1958 cannot be given to an accused

convicted of an offence punishable with imprisonment of life21.

20 Dalbir Singh v/s State of Haryana, AIR 2000 SC 1677.

21 State of Gujarat v/s A. Chauhan, AIR 1983 SC 359.
 87

Sec.5. Power of Court to require released offenders to pay

compensation and costs22:—

(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 think

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.

In the instant case the accused was convicted u/sec. 409, 467, and

471, IPC and Sec. 5(1) & (2) of the Prevention of Food Adulteration Act, 1954.

The HC gave the benefit of Probation to the accused and he enjoyed the

benefit. In appeal SC observed that the benefit of probation cannot be allowed

22 The Probation of Offenders Act, 1958 [Act No. 20 Of 1958],

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to the accused for an offence punishable with imprisonment of life. But in this

case as the accused enjoyed the complete benefit of the probation therefore,

Supreme Court, in the interest of justice maintained the decision of High

Court23.

6. Restrictions on imprisonment of offenders under twenty-one years of

age.—

(1) 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 should 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 officer and consider the report, if any, and any other

information available to it relating to the character and physical and

mental condition of the offender.

The object of the P.O. Act, 1958 u/sec. 6 is to ensures that juvenile

offenders should not be sent to the jail for the offences which are not so

23 State of Gujarat v/s A. Chauhan, AIR 1983 SC 359.

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serious as to warrant imprisonment of life, with a view to prevent them from

contamination due to contact with hardened criminals of the jail24.

24 Daulat Ram v/s State of Haryana, AIR 1972 SC 2434.