Features Of Probation Of Offender Act

BIRDS-EYE VIEW OF PROBATION OF OFFENDERS ACT 1958 -Sunny Aroraa Lapa [B.COM, LL.B., LL.M.(CRIMINOLOGY) ,LL.M.(CORPORATE LAW)]

The probation of offenders act 1958 is based on the concept that young offender can be saved from becoming habitual offender by treating them amicably and providing with the chance to reform rather than dumping into jails. The probation officers insist on the problem or need of the offender and tries to solve their problems and see to it that the offender become are law abiding citizen. Old law similar to the instant statute i.e. probation of offender Act 1958 was section 560 of criminal procedure code. Salient feature are as follow: 1. Act is intended to reform the amateur offenders by providing rehabilitation in society and to prevent the conversation of youthful offender in to obdurate criminals under environment influence by keeping them in jails with hardened criminals. 2. It aims to release first time offenders, after due admonition or warning with advise, who are alleged to have committed an offence punishable under section 379, 380, 381, 404, or 420 and also in cases of the offences punishable for not more than 2 years or with fine or with both. 3. Act empowers the court to release to certain offender on probation of good conduct if the offences alleged to have been committed is not punishable with death or life imprisonment. However, he/she should kept under supervision. 4. Act insists that the court may order for payment by the offender such compensation and a cost of the proceedings as it thinks fit recoverable for loss or injury cost to victim. 5. Act provides special protection to persons under 21 years of age by not sentencing them to incarceration. However, this provision is not available for the person guilty/accused of offence punishable with life imprisonment. 6. Act provide freedom to the court to vary the condition of bond when an offender is release on probation of good conduct and to extend the period of probation but such extension not to exceed three years from the date of original order. 7. 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 observer the conditions of bond. 8. Act empowers the court to try and sentence the offender to imprisonment under provisions of this Act such order can be passed by High Court or any other Court in case of appeal.