Essay on 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. The Act provides four different modes of dealing with youthful and other offenders in lieu of sentence, subject to certain conditions. These include:—
(1) Release after admonition;
ADVERTISEMENTS:
(2) Release on entering a bond on probation of good conduct with or without supervision, and on payment by the offender the compensation and costs to the victim if so ordered, the courts being empowered to vary the conditions of the bond and to sentence and impose a fine if he failed to observe the conditions of the bond;
(3) Persons under twenty-one years of age are not to be sentenced to imprisonment unless the court calls for a report from the probation officer or records reasons to the contrary in writing; and
(4) The person released on probation does not suffer a disqualification attached to a conviction under any other law.
It must be stated that the provisions of the Probation of Offenders Act are not confined to juveniles alone, but extend to adults also. Again, provisions of the Act are not only confined to offences committed under the Indian Penal Code but they extend to offences under other special laws such as the Prevention of Corruption Act, 1947; the Prevention of Food Adulteration Act, 1954; the Customs Act, 1962; the Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980; the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, Narcotic Drugs & Psychotrophic Substances Act, 1985 etc.
ADVERTISEMENTS:
Section 11 of the Probation of Offenders Act, 1958 widens the scope of probation by adding an enabling provision regarding the competence of the Courts to make order under the Act in appeal and revision and powers of the appellate and revisional courts in this regard. The higher Courts have been empowered to grant probation in appropriate cases, which was denied to the accused by the lower court. They may also cancel probation granted by the trial court, where it is expedient in order to prevent the misuse of probation.
As to the release on probation, the Supreme Court in its decision in Ramamurthy v. State of Karnataka, observed that it really results in suspension of sentence, as the person released on probation is required to execute a bond under the provisions of the Probation of Offenders Act, 1958, requiring maintenance of good conduct during the probationary period and failure to do so, finds the person concerned in prison again. The Act contains provision of varying conditions of probation and also lays down the procedure to be followed in case of the offenders failing to observe those conditions.