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UNIVERSITY INSTITUTE OF LAWS

PANJAB UNIVERSITY REGIONAL CENTRE,

LUDHIANA

CRIMINAL PROCEDURE CODE,

1973
PRESENTATION

Discuss the concept and utility of probation and dispositional alternatives under
The Probation of Offenders Act, 1958. Also discuss the duties of Probation
Officer.

Submitted To:- Submitted by:-

Dr. Vandana Bhanot Simrandeep Singh

B.A. LL.B (6th Semester)

Roll No. - 81
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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Dr.

VANDANA BHANOT who gave me the golden opportunity to do this wonderful
presentation on the topic CONCEPT OF PROBATION which also helped me in
doing a lot of Research and I came to know about so many new things I am
really thankful to them.

Secondly, I would also like to thank my parents and friends who helped me a lot
in finalizing this project within the limited time frame.

SIMRANDEEP SINGH
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TABLE OF CONTENT

 Introduction

 Meaning of Probation

 Importance and Purpose of Probation

 Law of Probation in India

 Objectives and Benefits of Probation

 Procedure for Probation Service Under THE PROBATION OF

OFFENDERS ACT, 1958

 Dispositional Alternatives Under THE PROBATION OF

OFFENDERS ACT, 1958

 Salient Features of Under THE PROBATION OF OFFENDERS

ACT, 1958

 Duties of a Probation Officer

 Conclusion

 Bibliography

 Webliography
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Introduction
The earlier penological approach held imprisonment, that is, custodial measures to be the
only way to curb crime. But the modern penological approach has ushered in new forms of
sentencing whereby the needs of the community are balanced with the best interests of the
accused: compensation, release on admonition, probation, imposition of fines, community
service are few such techniques used.

Meaning of Probation
The term Probation is derived from the Latin word probare, which means to test or to
prove. It is a treatment device, developed as a non-custodial alternative that is used by the
magistracy where guilt is established but it is considered that imposing of a prison sentence
would do no good. Imprisonment decreases the convict’s capacity to readjust to the normal
society after the release and association with professional delinquents often has undesired
effects.

Probation is an alternative to imprisonment, and is considered the most viable sentencing

option for juveniles, young offenders, first time and petty offenders and even repeat
offenders. The purpose of probation is a reform of the offender by means that are
alternative to punishment such as admonition, constructive treatment, conditions of good
conduct, and supervision rather than punishment and incarceration, by which, offenders,
instead of being sent to jail, are put under the care of a Probation Officer by the Court, thus
saving them from stigma and influence of hardened criminals. While infliction of
punishment has as its objective the suffering of the offender, probation is intended at
reformation and re-socialisation in line with the reform of the penal system. It is guided by
the belief that many offenders are not dangerous criminals but have acted in misfortune,
improvidence, misguidance, and have landed in conflict with law.

Importance and Purpose of Probation

Incarceration can have a negative impact on offenders, especially, if they are juvenile or first
time offenders because they are likely to come in contact with criminals charged with
serious or heinous offences when sent to jail. This, in turn, can lead to the possibility of a
relapse into crime and even hardening of personality rather than improving social
behaviour. Probation is intended as a non- custodial treatment for those offenders who are
likely to not re-offend if appropriate supervision is provided.

The importance of probation as a non-custodial measure is recognized by the international

community as evidenced by formulation of the United Nations Standard Minimum Rules for
Non- Custodial Measures (The Tokyo Rules) in 1988, of and their subsequent adoption by
 CONCEPT OF PROBATION Page |5

the Eighth (8th) UN Congress on the Prevention of Crime and the Treatment of Offenders in
1990.

Many criminal justice system administrations have tried to adopt and integrate probation as
a ‘social defence’ approach to correction. The social defence movement, a post World War II
feature, developed as a movement in 1949 with the founding of the International Society
for Social Defence by Italian Filippo Gramatica, who wished to replace criminal law with
non-penal methods of re- socialising those considered ‘anti-social’, and thereby, to change
the structure of state, society and penal methodologies towards restorative justice and care.
The growth of this philosophy has modified worldwide the conditions of punishment and
treatment of lawbreakers. Prisoners are now incarcerated under more humane conditions
than earlier, juvenile offenders are segregated from hardened ones and ‘chance offenders’
or ‘first offenders’ get the opportunity for release either under probation or parole to live
within the community.

The Indian context shows that the criminal justice system is characterized by long
detentions in the pre-trial and trial stage. The large majority of the total prison population
are remand prisoners awaiting or on trial. As a result, prisons remain massively
overcrowded, with 40, 144 more prisoners than the authorised capacity. In India, in spite of
the shift in penal philosophy from deterrence to reformation with the passing of the
Probation of the Offenders Act by the Indian Legislature in 1958, and amendment of Cr.P.C.
provision Section 562 into Section 360, large numbers of young, first time and petty
offenders continue to form the main bulk of overcrowding figures in prison population of
the country. The effective use of probation can prevent the unending wait of many
offenders who could otherwise avail the benefits of non-custodial treatment.

The provisions under the Probation of Offenders Act are premised on the philosophical
presupposition that the release of offender on probation under supervision will result in a
probable reduction of crime and reformation of the offender. The framework within which
this supervision based reform and re-integration is carried out is referred to as probation.
This Act applies to offenders of all age groups including repeat offenders not charged with
life imprisonment. The option of probation has great potential to promote reformation and
rehabilitation of convicted offenders as it avoids incarceration and its consequential ill
effects on the incarcerated prisoners besides preventing congestion in prisons.
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Law of Probation in India

The earliest provision to have dealt with probation was section S.562 of the Code of
Criminal Procedure, 1898. After amendment in 1974 it stands as S.360 of The Code of
Criminal Procedure, 1974.It reads as follows:-

‘When any person not under twenty-one years of age is convicted of an offence
punishable with fine only or with imprisonment for a term of seven years or less, or
when any person under twenty-one years of age or any woman is convicted of an
offence not punishable with death or imprisonment for life, and no previous
conviction is proved against the offender, if it appears to the Court before which he is
convicted, regard being had to the age, character or antecedents of the offender,
and to the circumstances in which the offence was committed, that it is expedient
that the offender should be released on probation of good conduct, 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’.

S.361 makes it mandatory for the judge to declare the reasons for not awarding the benefit
of probation. The object of probation has been laid down in the judgment of Justice Horwill
in In re B. Titus :

S. 562 is intended to be used to prevent young persons from being committed to jail,
where they may associate with hardened criminals, who may lead them further
along the path of crime, and to help even men of mature years who for the first time
may have committed crimes through ignorance or inadvertence or the bad influence
of others and who, but for such lapses, might be expected to make good citizens. In
such cases, a term of imprisonment may have the very opposite effect to that for
which it was intended. Such persons would be sufficiently punished by the shame of
having committed a crime and by the mental agony and disgrace that a trial in a
criminal court would involve.

The Probation of Offenders Act, 1958, is based on the concept that young offenders can be
saved from becoming habitual offenders by treating them amicably and providing them with
a chance to reform rather than dumping them into jails. The probation officer insists on the
problem or need of the offender and tries to solve his problem and sees to it that the
offender becomes a useful citizen of the society.
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The Probation of Offenders Act, 1958 and S.360 of the Code of Criminal Procedure, 1973
exclude the application of the Code where the Act is applied. The Code also gives way to
state legislation wherever they have been enacted.

Objectives and Benefits of Probation

 The object of S.360 CrPC is to prevent young persons from being committed to jail,
where they may associate with hardened criminals, who may lead them further
along the path of crime, and to help even men of more mature years who for the
first time may have committed crimes through ignorance, or inadvertence or the bad
influence of others and who, but for such lapses, might be expected to be good
citizens. It is not intended that this section should be applied to experienced men of
the world who deliberately flout the law and commit offences.

The Hon’ble Supreme Court in Jugal Kishore Prasad v. State of Bihar1, explained the
rationale of the provision:

“The object of the provision is to prevent the conversion of youthful offenders

into obdurate criminals as a result of their association with hardened
criminals of mature age in case the youthful offenders are sentenced to
undergo imprisonment in jail.”

While dealing with this Act, the three most important provisions that need to be
highlighted are sections 3, 4 and 6.

 Probation keeps the offender away from the criminal world. Further, the fear of
punishment in case of violation of probation law has a psychological effect on the
offender. It deters him from law breaking during the period of probation. Thus
probation indirectly prevents an offender from adopting a revengeful attitude
towards the society. Moreover, sentencing an offender to a term of imprisonment
caries with it a stigma, which makes his rehabilitation in society difficult. The release
of the offender on probation saves him from stigmatization and thus prepares him
for an upright living. The shame of going through a trial process would have
sufficiently chastised him
.

 Probation seeks to socialize the criminal, by training him to take up an earning

activity and thus enables him to pick up those life-habits, which are necessary for a
1
Jugal Kishore Prasad v. State of Bihar, (1972) 2 SCC 633.
CONCEPT OF PROBATION Page |8

law-abiding member of the community. This inculcates a sense of self-sufficiency,

self-control and self-confidence in him, which are undoubtedly the essential
attributes of a free-life. The Probation Officer would guide the offender to
rehabilitate himself and also try and wean him away from such criminal tendencies.

 Before the implementation of probation law, the courts were often confronted with
the problem of disposing of the cases of persons who were charged with neglect of
their family. In such cases there was no alternative but to send them to prison, which
was an unnecessary burden on the State exchequer. With the introduction of
probation as a method of reformative justice, the courts can now admit such
offenders to probation where they are handled by the competent probation officers
who impress upon them the need to work industriously and avoid shirking their
family responsibilities.
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The Probation of Offenders Act, 1958

Procedure for Probation Service:-
Section 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, (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 under section 4 release him after due admonition.

In Keshav Sitaram Sali v. State of Maharashtra2, it was held by the Supreme Court 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 sections 3 and 4 of the Probation of Offenders Act to the
appellant instead of imposing a sentence of fine on him.

Section 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 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.

2
Keshav Sitaram Sali v. State of Maharashtra, AIR 1983 SC 291.
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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.

(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.

In Basikesan v. State of Orissa3, a youth of 20 years was found guilty of an offence

punishable under section 380 of Indian Penal Code, 1860 and no previous conviction was
proved against him. It was held by the court that the offence committed by the accused was
not out of deliberate preparation or design but it was a fit case for application of section 3
and he be released after due admonition.

3
Basikesan v.State of Orissa , AIR 1967 Ori 4.
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Section 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 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 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.

In Daulat Ram v. State of Haryana4, it was held that the object of section 6 is to ensure that
juvenile offenders are not sent to jail for offences which are not so serious as to warrant
imprisonment for life, with a view to prevent them from contamination due to contact with
hardened criminals of the jail. Therefore, the provision should be liberally construed keeping
in view the spirit embodied therein.

The question of age of the person is relevant not for the purpose of determining his guilt but
only for the purpose of punishment which he should suffer for the offence of which he is
found guilty. Therefore, where a court found that offender was not under the age of 21
years on the date when court found him guilty, sub-section (1) of section 6 will not apply.

4
Daulat Ram v. State of Haryana, 1972 SC 2434.
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Dispositional Alternatives Under the Probation of Offenders

Act, 1958
Admonition & Probation: Firstly, the Act introduces two methods for release with
different treatment for first time petty and other serious or repeat offenders – (1)
Admonition and (2) Probation.

Method 1 – Admonition for first time petty offenders.

The Section 3 of the Act deals primarily with the treatment of first-time petty offenders
found guilty of certain specified offences or offences punishable with not more than two
years of imprisonment. It provides for release of such offenders after due admonition

Who is a petty offender or what constitutes a petty offence?

A “petty offence” has not been defined anywhere, either in the Indian Penal Code
(IPC), Code of Criminal Procedure (Cr.P.C) or the Evidence Act. Criminal justice
institutions and legal fraternity, in their common parlance, use this expression to
mean offences which are bailable or non-cognizable or compoundable or punishable
with short term imprisonment with or without fine, or with fine alone. Anyone
charged under such sections is considered a petty offender.
Sections 27 and 27(2) of the Code of Criminal Procedure (Cr.P.C), 1973 initially
referred to such petty offences and the ‘jurisdiction of courts in case of offences
committed by juveniles’ but these sections, have, since the Juvenile Justice Act (Care
and Protection) Act, 2000, came into force become redundant but been absorbed in
the JJ Act 12 of 2000.

What is admonition and when is it given?

An admonition is like a scolding and is given to a first time offender before releasing
him and always accompanied with a verbal direction by the magistrate not to repeat
any offence in future. It is the duty of the magistrate as well as of the legal counsel to
warn the first time offender receiving the benefit of Section 3 that this disposition
will debar him from any consideration under this Section of the Act if he repeats a
crime.
Since Section 379, 380, 381, 404, 420 are sections that specify where offence is small
but quantum of punishment is more than 2 years, the scope of Section 3 is wider
than normally assumed as covering offences with two years imprisonment.
Furthermore, there are other considerations that are taken into account for
eligibility such as antecedents of the offender, character of the offender,
circumstances, and damages done.

In the case of Keshav Sitaram Sali v. State of Maharashtra5, the offender was accused of
stealing coal from the railway goods wagon and the High Court of Bombay allowed the

5
Keshav Sitaram Sali v. State of Maharashtra, AIR 1983 SC 291.
CONCEPT OF PROBATION P a g e | 13

appeal and convicted the appellant of an offence punishable under Section 379 read with
Section 109 Indian Penal Code. The court imposed a sentence of fine of Rs. 500 on the
appellant and in default of payment of fine to suffer rigorous imprisonment for two
months.However, Mr. Shri S. V. Tambwekar, learned counsel for the appellant, at the
hearing of this appeal confined his argument to the question whether the appellant should
be dealt with either under Section 360 of the Cr.P.C. or Sections 3 and 4 of the Probation of
Offenders Act, 1958. The court adhered to the special circumstances of this case and
declared that the case should have been given the benefit of either Section 360 of the
Cr.P.C. or Section 3 and 4 of the Probation of Offenders Act to the appellant instead of
imposing a sentence of fine on him. The final decision of the court was to set aside the
sentence imposed upon the appellant and remit the case to the Trial Court to pass an
appropriate order under either of the two provisions referred above. The fine which has
already been paid by the appellant shall be refunded to him.

In the case of Balwinder v/s State of Haryana, 6the offender was accused of stealing 20kgs
of ghee for public sale in aluminum container. He was convicted under Section 16(g) (i) of
the Prevention of Food Adulteration Act and was sentenced to undergo rigorous
imprisonment for six months along with the fine of 1000 Rs. The counsel for the offender
informed the court that the occurrence in this case pertains to the year of 2003. The
offender has already suffered the protracted trial for over a period of more than one
decade. Petitioner has already undergone the sentence for about two months and no other
case is pending against him at the moment. Thus, taking all circumstances into consideration
it was decided to release the offender on probation under Probation of Offenders Act. The
fine was however enhanced to Rs. 5000.

Method 2 – Probation based release.

The Section 4 (1) empowers the courts to release such offenders under probation as well.
This method is accounts for release of first time and repeat offenders, offenders under both
petty and grievous charges, on probation of good conduct and entering into bond with or
without sureties, if the offence committed is not punishable with death or imprisonment for
life.
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 there years, as the court may direct, and in the
meantime to keep the peace and be of good behavior.

Overlapping Jurisdictions of Sections 3 & 4:

6
Balwinder Singh vs State Of Haryana on 24 August, 2012 Criminal Appeal No. 2920 SB of 2010
 CONCEPT OF PROBATION P a g e | 14

It is to be noted that there is overlapping jurisdiction of Section 3 and Section 4. Those

eligible for release under Section 3 may also be brought under Section 4, subject to the
circumstances of the case including the nature of the offence and the character of the
offender.
However, the scope of Section 4 is broader and unlimited, except for the two exceptions of
offences punishable with death or imprisonment for life. In contrast to the Section 3, these
provisions are applicable to all offenders including repeaters who have committed a crime
that was not punishable with death or imprisonment for life. So, the only exception to
eligibility for release under this provision is offence punishable by death or life
imprisonment. All other offences can get accommodated for consideration of probation. The
Section permits the usage of probation for offences including petty (as cited in the cases
below) and ultimately encourages using alternatives to imprisonment such as probation in
cases where offence has not been serious or harmful to the society as a whole.

Entering into a bond with or without sureties

The Section 4 also indicates that the offender should enter into a bond and he may also be
required to give sureties. ‘It would normally be advisable to take sureties in addition to
personal bonds, as sureties are themselves a guarantee of some supervisory efforts towards
reform and a safeguard against the offender removing himself outside the jurisdiction and
breaking the conditions of the bond’. However, in cases where the person may be too poor
to have sureties, it may be considered to release on personal bond without sureties as
permitted under both Section 4 of the Probation of Offenders Act and the Section 360 of the
Cr.P.C. with all precautions of supervision.

In the case of Meruva Satyanarayana vs. State Of Andhra Pradesh, 7the offender was
convicted under Section 36(a), (b) and (c) of A.P. Excise Act 68 read with rules 19, 54 and
55 of A.P. Foreign Liquor and Indian Liquor Rules, 1970 and sentenced for imprisonment
for 6 months along with the fine of 100 Rs. The Counsel indicated that the offender is
entitled to be given the benefit of the provisions of Section 4(1) of the Probation of
Offenders Act 1958, in view of the fact that the offence is of highly technical nature.
The Section 4(1) of the Probation of Offenders Act requires ascertaining if the offender is of
a good character and conduct in order to release him on probation. However, at the
consideration of the case before the Trial Court the Magistrate initially refused to give the
benefits of the Act to the offender concerned on the grounds that he crossed the age of 30,
hence the provisions of Probation of Offenders Act or Section 360 of the Code of Criminal
Procedure are not applicable.

Such reasoning is rather inadequate because the Act does not indicate the age limit when
the offender can benefit from the Act or not, especially when the offence committed
prescribes minimum sentence of imprisonment and thus can be released on probation if he
possesses good character. Ultimately it was decided to remand the case for revision and file
it to the Additional Metropolitan Sessions Judge, Visakhapatnam, directing him to restore
Crl. Appeal No. 66 of 1990 and to consider the release of offender on probation under the
section 4(1) of the Probation of Offenders Act.
7
Meruva Satyanarayana vs State of Andhra Pradesh, 1996 (1) ALD 130
CONCEPT OF PROBATION P a g e | 15

Secondly, the Act empowers the court under Section 4 (2) to consider report, if any,
of the Probation Officer before making the judgement of the case concerned.
It should be kept in mind, that neither under the new JJ Act, nor the Probation of
Offenders Act is the reference to the Social Investigation Report called for by the
magistrate a matter of discretion.

Sub-section 2 of Section 6 of the Probation of Offenders Act which the magistrate

refers to determine whether offender is to be dealt with under Section 3 or Section 4
of the Act uses the words “‘shall’ call for a report from the Probation Officer”.

Under the Section 4 (3) the court is also entitled to make a supervision order and direct
additional conditions to be inserted in the bond to be entered into by the offender under
Section 4 (1).

‘The terms and conditions of the supervision order shall be explained to the
offenders and one copy of the supervision order shall be furnished forthwith to each
of the offenders, the sureties, if any, and the Probation Officer concerned’.

In fact, in suitable cases, the offender might be directed under Section 5 to pay
compensation and cost of proceedings to the person to whom he caused loss or injury.
The Section 6 places restrictions on the Court’s power to imprison offenders who are
below twenty-one years of age. These provisions are further elaborated in the chapter on
the powers of the Magistrate.

Furthermore, the Act lays down the roles of the Probation Officer in Sections 13 and
14. One of the most important duties of the PO enshrined in the Act is the pre-
sentence report which he provides to the court before decision is made regarding
offender’s case. The PO is also entitled to conduct research and interact with the
offender and his family in order to understand his background, profile and assess
whether he/she is suitable for release on probation.
CONCEPT OF PROBATION P a g e | 16

Salient Features of The Probation of Offenders Act, 1958

The Probation of Offenders Act (Act No. 28 of 1958) contains elaborate provisions relating
to probation of offenders, which are made applicable throughout the country. We will now
observe the salient features of the Act:-

 The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by
providing rehabilitation in society and to prevent the conversion of youthful
offenders into obdurate criminals under environmental influence by keeping them in
jails along with hardened criminals.

 It aims to release first offenders, after due admonition or warning with advice, who
are alleged to have committed an offence punishable under Sections 379, 380, 381,
404 or Section 420 of the Indian Penal Code and also in case of any offence
punishable with imprisonment for not more than two years, or with fine, or with
both.

 This Act empowers the Court to release certain offenders on probation of good
conduct if the offence alleged to have been committed is not punishable with death
or life imprisonment. However, he/she should be kept under supervision.

 The Act insists that the Court may order for payment by the offender such
compensation and a cost of the proceedings as it thinks reasonable for loss or injury
caused to the victim.

 The Act provides special protection to persons under twenty-one years of age by not
sentencing them to imprisonment. However, this provision is not available to a
person found guilty of an offence punishable with life imprisonment.

 The Act provides freedom to the Court to vary the conditions of bond when an
offender is released on probation of good conduct and to extend the period of
probation not to exceed three years from the date of original order.

 The Act empowers the Court to issue a warrant of arrest or summons to the offender
and his sureties requiring them to attend the Court on the date and time specified in
the summons if an offender released on probation of good conduct fails to observe
the conditions of bond.

 The Act empowers the Court to try and sentence the offender to imprisonment
under the provisions of this Act. Such order may also be made by the High Court or
any other Court when the case comes before it on appeal or in revision.

 The Act provides an important role to the probation officers to help the Court and to
supervise the probationers put under him and to advise and assist them to get
suitable employment.
CONCEPT OF PROBATION P a g e | 17

Duties of a Probation Officer

Sec 14 of the Act deals with the duties of a probation officer. It states:-

A probation officer shall, subject to such conditions and restrictions, as may be prescribed –

 Enquire, 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;

 Supervise probationers and other persons placed under his supervision and, where
necessary, endeavour to find them suitable employment;

 Advise and assist offenders in the payment of compensation or costs ordered by the
Court;

 Advise and assist, in such cases and in such manner as may be prescribed, persons
who have been released under section 4;

 Perform such other duties as may be prescribed.

CONCEPT OF PROBATION P a g e | 18

Conclusion

The object of the criminal justice system is to reform the offender, and to ensure the society
its security, and the security of its people by taking steps against the offender. It is thus a
correctional measure. This purpose is not fulfilled only by incarceration, other alternative
measures like parole, admonition with fine and probation fulfill the purpose equally well.

The benefit of Probation can also be usefully applied to cases where persons on account of
family discord, destitution, loss of near relatives, or other causes of like nature, attempt to
put an end to their own lives.

Its aim is to reform the offender and to make him see the right path. This can be achieved as
has been said previously, not only by legislative action but also by sincerity on the part of
the administration. In some parts of the country it is being implemented in the right spirit.

The success of probation is entirely in the hands of the State Government and the resources
it allots to the programmes. Resources are needed to employ trained probation officers, to
set up homes for those on probation and also for their training besides others.

Thus while concluding it can be said that the concept of Probation would be effective only
where the judiciary and the administration work together there must be a common
understanding between the Magistrate (or) Judge and the Probation Officer. Probation
would be effective only when there is a sincere attempt made to implement it. It would be
of great benefit for a country like India, where the jails are often overcrowded, with
frequent human rights violations which would harden the human inside a person. Probation
is an affirmation of the human inside every being and it must be given de importance.
CONCEPT OF PROBATION P a g e | 19

Bibliography
1. KN Chandrasekharan Pillai (ed):RV Kelkar’s Lectures on Criminal Procedure,2017

2. Simplified Approach to Criminal Procedure code by Dr. Beni Paul,2018

3. The Code On Criminal Procedure By Ratanlal Dhirajlal

Webliography

1. www.legalacts.com/probationofOffendersAct(1958)

2. www.vajiramandravi.com/legallectures/probationlawsofindia

3. www.jjscup.gov.in/docs/the-probation-of-offenders-act-1958.pdf

4. www.shareyouressays.com/knowledge/10-salient-features-of-the-probation-of-
offenders-act-1958/119361

5. www.lawctopus.com/academike/probation-under-criminal-law/

6. www.legalserviceindia.com/legal/article-453-the-probation-of-offenders-act-an-
analysis.html