The order of release on probation of the offender is merely in substitution of the sentence to be imposed by the court. He must always keep in his mind the fear psyche that if he is convicted of the offence for causing death of a human being due to his callous driving of vehicle he cannot escape from jail sentence. Probation system lays greater emphasis on the offender and in the zeal of reformation the interests of the victim of the delinquents are completely lost sight of. The accelarated pace of widening the choices for punishment concretised into legislative enactments in Madras, U. The accused was serving as Peon in the Education Department. Restrictions on imprisonment of offenders under twenty- one years of age. If the offender fails to observe any of the conditions of his or her bond, the court can issue a warrant for his or her arrest and can also summon the offender and the sureties.
If the offender fails to follow the conditions laid down by the Court, the original sentence against him may be revived S. The question which arises for determination is whether despite the fact that a minimum sentence of imprisonment for a term of six months and a fine of rupees one thousand has been prescribed by the legislature for a person found guilty of the offence under the Prevention of Food Adulteration Act, the court can resort to the provisions of the Probation of Offenders Act. ·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 provision relating to conditional discharge is useful in offenses of trivial nature or where the offense is committed under peculiar circumstances where no punishment is warranted or the crime involved is such that it is not expedient to place the person on probation or the court is of the opinion that probation would unnecessarily burden the work of a probation officer, particularly at the cost of the other probationers who deserve such handling. The ten-rupee note, which was the price of the said set of playing cards and which had been earlier given-by the Sub-Inspector to P. This Court has very limited revisionary jurisdiction as held by this Court in Criminal Revision No.
He was kept in custody of P. Extended to the Union territory of Pondicherry by Act 26 of 1968, S. The question of engaging or employing the probationer on any congenial work or useful trade can be left to the advice and discretion of the probation officer and the Probation Department. 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. 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 section further requires that the offender or his surety has a fixed place of residence or regular occupation in a place where the court exercises jurisdiction.
It extends to the whole of Pakistan continues to be in force. No suit or other legal proceeding shall lie against the State Government or any probation officer or any other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. It has further been contended that the Court should also take into consideration that the convicts belonging to middle class families without any criminal antecedent often become victim of circumstances because of undesirable company and other evil influences available to such young generation. It is important for probation to succeed that the change instead of being imposed from outside come from the probationer. They are given an assistance upto Rs.
London Research Associate, Indian Law Institute, New Delhi, 1. It is Manifest from plain reading of sub-section 1 of section 4 of the Act that it makes no distinction between persons of the age of more than 21 years and those of the age of less than 21 years. Power of Court to require released offenders to pay compensation and costs. Report of probation officer to be confidential. It is really for the court ,by which the person is found guilty , to determine ,having regard to the circumstances of the case including the nature of the offence and the character of the offender , whether or not it will be expedient to release him on probation of good conduct.
Moreover he is one of the members of the Advisory Board for premature release. If anyone of them disputes the contents or views contained in the report, the juvenile court may give such child or, as the case may be, guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report. On the contrary, the said sub- section is applicable to persons of all ages subject to certain conditions which have been specified therein. Also, in many cases it is difficult to ascertain whether the delinquent is a first offender or a recidivist. And, therefore, the requisite norm has to be the established principles laid down in precedents. Further, when non-custodial correctional measures are used arbitrarily, without being resorted to on objective grounds, there is danger of men of means taking undue advantage and abusing the system as against those who would really deserve but have no advocacy or support, and of the whole approach becoming counter-productive and coming into public disrepute. The Kerala Government has provided for an After Care Programme to rehabilitate probationers.
It is suspension of sentence of an offender by the court and releasing him on certain conditions to live in the community with or without the supervision of a probation officer. Guidelines for the training of Probation officers as have been laid down in the United Nations Standard Minimum Rules for Non-Custodial Measures, may be followed to the extent possible. All those who are manning the steering of automobiles, particularly professional drivers, must be kept under constant reminders of their duty to adopt utmost care and also of the consequences befalling them in cases of dereliction. Govern- ment; or b a person provided for this purpose by a society recognised in this behalf by the State Government; or c in any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case. He is inspecting the Sub Jail and visiting the Central Prison for welfare work.
The provisions under the Probation of Offenders Act and the Code of Criminal Procedure could be amended to be similar to the Juvenile Justice Care and Protection of Children Act, where more detailed procedures are laid down, like for the setting up of observation homes, report of the probation officer. So that the person was Disqualified for appointments this is right or wrong? Thomas, Principles of Sentencing 3-31 1970 , 4. The above non-obstante clause points to the conclusion that the provisions of section 4 of the Probation of Offenders Act would have overriding effect and shall prevail if the other conditions prescribed are fulfilled. Protection of action taken in good faith. State of Orissa, the benefit of the Probation of Offenders Act was granted in favour of the petitioner as the conviction under Section 506 of the Indian Penal Code is set aside. The reform and rehabilitation process have to be worked out in context of existing social conditions to achieve the ultimate objective to reclaim back those offenders to orderly society. According to the labeling theory, a stigmatizing label once applied, is very likely to cause further deviance or create the deviance.
In the area in which the Act comes into force hereinafter referred to as the said area , 1 if the said area forms part of the Bombay area of the State of Gujarat, the Bombay Probation of Offenders Act, 1938 Bom. Section 562 of the Code not to apply in certain areas. More attention needs to be paid to this community based rehabilitation because it will prove to be less expensive. During the period of probation, offenders will remain under the supervision of probation officers in order that they may be reformed and become useful members of society. In India the first Legislative effort was the incorporation of section 562 of code of Criminal Procedure 1898 for releasing the Offenders on Probation.