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This Act provides for the release of offenders on probation or after due admonition and for matters connected therewith. It applies to the whole of India except the State of Jammu and Kashmir and specifies the powers and duties of courts, probation officers and offenders.
Find the full text of the Probation of Offenders Act, 1958, which provides for the release of certain offenders on probation of good conduct or after admonition. Browse the sections, rules, regulations, notifications, orders, circulars, ordinances, statutes and other related data.
- Introduction
- Scope and Background
- Aim and Objective of Probation
- Statutory Provisions Under The Act
- Salient Features of The Act
- The Offence For Which Probation Cannot Be Granted Under The Act
- Pit-Falls in Probation System in India
- Conclusion
- References
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“Hate the crime and not the criminal”. You might have heard this a zillion times. This means that we need to eliminate crime and for this the elimination of criminals is not required. The Criminal Law in India is more into reforming offenders rather than punishing them. It is true that punishment gives a sense of satisfaction to the society as well...
The Act is a landmark in advancing the new liberal reform movement in the penology field. It is the result of the recognition of the doctrine that criminal law is more about reforming the individual offender than about punishing. Probation has its influence from the juvenile justice system of “positivism” which has its development from the ideologi...
The main aim and objective of probation is to permanently reform the lawbreakers. It involves moulding the habits into constructive ways by rehabilitation and reformation. The objective is to give a chance to the anti-social person to willingly cooperate with society. This will also give him social protection and security. It is a substitution for ...
The provision is broadly classified into procedural and substantive general laws dealing with probation of the offenders.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 t...
The most important salient feature of the act is 1. The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by rehabilitating them in the society and avoiding the progression of juvenile offenders into obdurate criminals under environmental control by locking them in prison with hardened criminals. 2. This seeks to release fir...
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: 1. Section 409, 467and 471of 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 ...
There are certain pitfalls in the probation system: 1. It is difficult in many situations to determine whether the criminal is a first offender or a recidivist. There is, therefore, a possibility that an offender who is otherwise recurrent may be admitted to probation and may not react favourably to this technique of correction. 2. Section 4 of the...
The benefit of probation can 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.It would be of great help to a country like India where the prisons ...
Learn about the scope, background, aim, and provisions of the Probation of Offender Act, 1958 in India. The Act is based on the reformative approach and gives an opportunity to offenders to reform themselves rather than turning into hardened criminals.
The Probation Of Offenders Act, 1958 (20 of 1958) Last Updated 30th December, 2019 Statement of Objects and Reasons.-The question of release of offenders on probation of good conduct instead of sentencing them to imprisonment has been under consideration for some time.
Jun 27, 2020 · The Probation of Offenders Act, 1958 is enacted with an aim to yield a mechanism where the amateur and first-time offenders are able to reform and are kept away from the negative influence of the jails and hardened criminals.
Jan 5, 2023 · The Probation of Offenders Act, of 1958 is a law that seeks to provide the release of offenders following proper reprimand in all appropriate circumstances when an offender is not found guilty of an offence that carries a death or life sentence.
Learn about the concept, purpose and provisions of the Probation of Offenders Act, 1958, which deals with the release of certain offenders on probation of good conduct. Find out the eligibility, conditions and benefits of probation under the Act and the Code of Criminal Procedure.
