This paper deals with the law of probation under the criminal procedure code and the probation of offenders act. When any person is found guilty of having committed an offence punishable under section 379 or. But, the courts generally have shown scant regard for the presentence report of the probation officer because of lack of faith in integrity and trustworthiness of the probation officers. R mahalingam vs g padmavathi and another supreme court of india, 1978lwcrl182 held calling for report from probation officer. This act may be cited as the probation of offenders act and shall apply to such areas, and from such date. The offenders probation and parole act of 1959 8 eliz. The 10 most important salient features of the probation of offenders act, 1958 are listed below. The probation service changed since 1907 criminology essay. Further provisions where court makes probation order. Probation of offenders act national assembly of zambia. The prob ation of offenders act, 1907 provided that an offender could be discharged on probation either after certain sentence being imposed on him or even before the imposition of the. At birminaham, however, a separate court for the trail of teenage criminals was established earlier in 1905. Section 61 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. Aug 19, 2018 the probation of offenders act 1958 in 1958 the legislature enacted the probation of offenders act, which lays down for probation officers to be appointed who would be responsible to give a presentence report to the magistrate and also supervise the accused during the period of his probation.
Oct 17, 2014 probation of offenders amendment act, 2014. The probation of offenders act, 1958 contains elaborate provisions relating to probation of offenders, which are made applicable throughout the country. Privacy statement accessibility european legislation identifier pdf open data license. Short title this act may be cited as the probation of offenders amendment act 2009. State of bihar, it was held that the probation of offenders act provides for the release of offenders on probation or after due admonition and for matters connected therewith. Central government act the probation of offenders act, 1958 act no. In this actprobationer means a person placed under supervision by a probation order. As per section 19, in the states where probation of offenders act is enacted, section 360 of crpc shall cease to apply. An act to provide for the release of offenders on probation or after due admonition and for matters connected therewith. An act to amend the probation of offenders act cap184. In this act, unless the context otherwise requires. In this actn oprobation ordero means an order made under this act placing a person under the supervision of a welfare officer. The implementation of provisions laid down in the probation of offenders act, 1958, has proved to be difficult for the following reasons.
Probation of offenders amendment act, 2014 seychelles. The probation of offenders act, 1958 indian kanoon. The act provides four different modes of dealing with youthful and other offenders in lieu of sentence, subject to certain conditions. Be it enacted by parliament in the ninth year of the republic of india as follows. How has the main purpose of the probation service changed since 1907. This act may be cited as the probation of offenders shorttitle. This act may be cited as the juvenile offenders act 2.
Nov 21, 2017 the video is a complete capsule for both pt and mains. The probation service was founded by the probation of offenders act in 1907, and england and wales could celebrate a whole century with the probation service in 2007. The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Probation of offenders act chapter 64 revised edition 2018 1981 published by the national council for law reporting with the authority of the attorneygeneral. The probation of offenders act ministry of justice. Power of courts to permit conditional release of offenders. The commissioner of statute revision is authorised by the acts repub lication act, 1967, to make textual alterations of various kinds to an act in preparing it for reprint. The probation of offenders act, 1958 which he enters into the bond. Thus, it is clear that section 4 of probation of offenders act has overriding effect. Limited number of probation officers recruited and inadequate training. Probation of offenders act, 1907 irish statute book. This is where the concept of probation becomes important.
An act of parliament to provide for the probation of offenders. The probation of offenders act, in sections 42 and 62, lays down that report of the probation officer is considered before awarding probation. This act may be cited as the probation of offenders act. An act to amend the probation of offenders act enacted by the parliament of mauritius as follows 1. Interpretation in this act principal act means the probation of offenders act.
As the sole administrator of community corrections in kenya, probation and aftercare service derives its main mandate from the probation of offenders act, cap 64 and the community services orders act, no. The purpose behind the enactment of this act is to top. Power of court to release certain offenders after admonition. An act to amend the probation of offenders act cap184 year of act. Power of court to permit conditional release of offenders. In the application of this act to ireland lord lieutenant shall be substituted for secretary of state, and each division of the police district of dublin metropolis shall be deemed to be a petty sessional division. Offenders probation act, 19 this act is reprinted pursuant to the acts republication act, 1967, and incorporates all amendments in force as at 19 august 1985. Aug 21, 2014 the probation of offenders act, 1958 contains elaborate provisions relating to probation of offenders, which are made applicable throughout the country. In pakistan assessment and recommendations for reform contents 1. It is a kind of noncustodial sentence, where the person is released so that he can associate with the people in society and lead a normal life. 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 act shall in relation to juveniles apply subject to the provisions of the juvenile offenders act.
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