Wednesday, 16 April 2014

Probation Offender Act-1958


Short Title:The children Act, 1908, released some of the offenders, considering their self satisfied behaviour. A jail committee report, during 1919 & 1920 was instituted. Government prepared a draft on probation offenders Bill during 1931. The central Government also directed the provincial authority to follow the probation offenders bill during 1934. In Independent India Probation Offender Act came into being in 16th,May,1958.
Extention:This Act extends to the whole of India except the state of Jammu & Kashmir.
Probation:Probation is a non-punitive method for dealing with the offenders. It is a method in which we deal with the offenders as individuals & provide them opportunity for changing their habits & attitude. According to this Act, after thorough observation of a prisoner about his conduct, good or bad/satisfactory or not, their cases are discuss in a relax manner. Due to their good behaviour he/she will be release for a specific period & the office in charge take care of that prisoner.
Development of Probation:As a legal system, it was first developed in the USA in 1849. In England John Haward & Elizabeth Fry helped to the development of probation system. Again in 1891, in act was passed, which provided for the appointment of probation officers.
Section 3:When a person is found guilty of having committed an offence punishable under section 379 or 380 or 381 or 404 or 420 of Indian Penal Code, 1860 or any offence with imprisonment up to two years or with fine or with both & no previous conviction is proved against the offender, the court having regard to the circumstances of the case including the nature of the offence & the character of the offender may release him after due admonition.
Section 4:When any person is found guilty of having committed an offence not punishable with death or life imprisonment the court having regard to the circumstances of the case, including the nature of the offence & the character of the offender may direct for the release by entering into a bond with or without sureties to appear & receive sentence when called upon during such period, not exceeding three years as the court may direct & in the meantime to keep peace & good behaviour.
Section-5:When a court orders for the release of an offenders under section 3 or 4 of this Act, it shall direct the offender to pay-
Compensation as the court thinks fit for the court loss or injury caused to any person by that offence
Such cost of the processing as the court think fit
The amount ordered to be paid under sub-section above be recovered as a fine as per section above be recovered as a fine per section 386 & 387 of 1898.
Section 6:When any person under 21 years of age found guilt of having committed an offence punishable with imprisonment, but not life imprisonment. Th court shall not sentence him unless it is satisfied that having regard to the circumstances of the case including the nature of the offence & character of the offender.
Section 9:The offender so arrested or appeared may be remanded to police custody or may be released on bail to appear for the hearing as the court may fix. After hearing, if the court is satisfied that the offender has failed to observe any of the conditions of the bond, it may sentence him for the original offence.