CONTENTS
INTRODUCTION
(i) Deterrent theory
(ii) Retributive theory
(iii) Preventive theory
(iv) Reformative theory
(v) Expiatory theory
THE PROBATION OF OFFENDERS ACT, 1958
1. Short title extent and commencement
1. Statement of Objects and Reasons
2. Long title and Preamble
3. Applicability & Commencement of the Act
4. Intention of the Legislature
5. Criminal Procedure Code, 1973 and Probation of Offenders Act, 1958
6. Meaning of the word “India”
7. Non-applicability of the Act to State of Jammu and Kashmir
2. Definitions
1. Code
2. Probation Officer
3. Prescribed
3. Power of court to release certain offenders after admonition
1. Scope
2. Meaning of admonition
3. Conditions and factors for Admonition
4. Limitations
5. Meaning of “Person”
6. Date for reckoning age of offender
7. Admonition or release on probation is not punishment
8. Application of this section in some offences under
Indian Penal Code, 1860
4. Power of court to release certain offenders on probation of
good conduct
1. Scope
2. Meaning and Object of Probation
3. Limitations
4. Conditions and factors for probation under this section
5. Discretion of the court
6. Circumstances of case, nature of offence and character of offender
(i) Cases under Indian Penal Code, 1860
(ii) Cases under Prevention of Food Adulteration Act, 1954
(iii) Cases under Prevention of Corruption Act, 1947
(iv) Cases under Railway Property (Unlawful Possession) Act, 1966
(v) Cases under Customs Act, 1962, Gold Control
Act, 1968 and Defence of India Rules, 1962
(vi) Cases under Essential Commodities Act, 1955
(vii) Cases under Narcotic Drugs and Psychotropic Substances Act. 1985
7. Meaning of the word “expedient”
8. Report of the Probation Officer
9. Offences for which minimum sentence is prescribed
10. Imposition of sentence while releasing on probation
11. Distinction between Section 4 and Section 6
5. Power of court to require released offenders to pay compensation and costs
1. Scope
2. Object
3. Meaning of compensation
4. Compensation under Criminal Procedure Code
5. Comparison with Criminal Procedure Code on compensation
6. Distinction between fine and compensation
7. Such compensation as the court thinks reasonable
8. Award of damages by civil court on same matter
9. Recovery of amount ordered by court
6. Restrictions on imprisonment of offenders under twenty-one years of age
1. Scope
2. Object
3. Age of the Offender
4. Offence punishable with life imprisonment—Provisions are not applicable
5. Calling for report from Probation Officer
6. Special Reason for not giving benefit of probation
7. Difference between Section 4 and Section 6
8. Meaning of the word ‘court’
7. Report of Probation Officer to be confidential
1. Scope
2. Object
8. Variation of conditions of probation
1. Scope
2. Condition and restriction of variation of probation
3. Discharge of offender
4. English and Indian law on variation of conditions of probation
9. Procedure in case of offender failing to observe conditions of bond
1. Scope
2. Discretion of court either to remand offender or release him on bail
10. Provision as to sureties
1. Scope
11. Courts competent to make order under the Act, appeal and
revision and powers of courts in appeal and revision
1. Scope
2. Section 11 and Section 360 of the Criminal Procedure Code, 1973
3. Section 11 and provision of appeal under the Criminal Procedure Code, 1973
4. Who can appeal?
5. Revision
6. Limitation
12. Removal of disqualification attaching to conviction
1. Scope
2. Object
3. Disqualification—Meaning of
4. Removal from service
5. Departmental proceeding—Not barred
6. Offender when dealt with under Section 6 of the Act
13. Probation Officers
1. Scope
14. Duties of Probation Officers
1. Scope
2. “Subject to such conditions and restrictions, as may be prescribed”—Meaning
15. Probation Officers to be public servants
1. Scope
2. Public Servant
16. Protection of action taken in good faith
1. Scope
2. Good faith
17. Power to make rules
1. Scope
2. Rules made by the State Governments
18. Saving of operation of certain enactments
1. Scope
2. Section 31 of the Reformatory Schools Act, 1897
3. Section 5(2) of the Prevention of Corruption Act, 1947
4. State laws relating to juvenile offenders or borstal schools
5. Savings and Repeal clause
19. Section 562 of the Code not to apply in certain areas
1. Scope
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