Short notes on Probation of Offenders Act, 1958

Section 6(1) of the Probation of Offenders Act provides that when a person below 21 years of age is found guilty of an offence which is punishable with imprisonment (but not imprisonment for life), the Court shall not normally sentence him to imprisonment unless for reasons to be recorded.

It is not desirable to deal with him under Section 3 or 4 of the said Act. The Court should call for a report from the Probation Officer to satisfy itself whether it is desirable to apply the beneficial provisions contained in Section 3 and 4 of the Act or whether the accused should be dealt with in the normal course by passing a sentence of imprisonment against him.

After the report is received from the Probation Officer and if the Probation Officer recommends that the accused person might be dealt with under the provisions of the P.O. Act instead of being sentenced to imprisonment in view of his social status, antecedents, age and circumstances under which the offence was committed, the Court will have to consider whether the accused should be dealt with under Section 3 or 4 of the P.O. Act. Section 3 deals with release after admonition.

The accused can be released after admonition only in the case of certain offences specified in Section 3 of the P.O. Act namely offences punishable under Section 379, 380, 381, 404 and 420 of the Indian Penal Code and any other offence which is punishable with fine or with imprisonment for not more than two years or with both.

Section 4 of the P.O. Act deals with the release of the accused person on Probation of Good Conduct with or without sureties for such period not exceeding three years as the Court may direct.

An accused person can be released on Probation of good conduct under Section 4 only in the case of offences other than those punishable with death or imprisonment for life.

While directing the accused to be released under Section 4(1) of Probation of good conduct the Court may also pass an order under Section 4(3) of the P.O. Act placing the accused under the supervision of the Probation Officer for a period of not less than one year.

When the Court desires to apply the provisions of the P.O. Act, the finding to be recorded in the judgment is only that the accused is ‘found guilty’ of the particular offence in question. It should not be said that the accused is ‘convicted’ of the offence.

Section 12 of P.O. Act specifically provides that an order passed under Section 3 or Section 4 of the said act shall not operate as a disqualification which attached in the case of conviction. It is in view of this provision that courts are generally inclined to invoke the provisions of P.O. Act instead of resorting to Section 360 Cr.P.C. though to some extent there is similarity between the order that may be passed under Section 360 Cr.P.C. and order that may be passed under Section 3 or 4 of P.O. Act.