Probation of Offenders Act, 1958

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Description
I take immense pleasure in presenting the Second Edition of the book Probation of Offenders Act, 1958. The First Edition was published in the year 2017. This book, in the form of section wise commentary along with judicial decisions of various High Courts and Supreme Court, has been serving the needs of students of law, practicing criminal lawyers, judges, law firms, research scholars in the field of criminal law, probation officers. The present edition contains provisions relating to Parole and it also incorporates the latest decisions of Supreme Court and various High Courts in India. After passing the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023, the Probation of Offenders Act, 1958 is required to keep up the pace with changes introduced in these new laws.
Suggestions from the readers for the improvement of this subject are welcome so that they may be implemented in the next edition.
I hope and trust that this Second Edition will also receive the same appreciation and support from all sections of academic groups including members of Bar and Bench.
My most sincere regards go to my parents for their love and affection. I express my thanks to my wife for her support and encouragement during preparation of this book and to my son Drishan who gave up his claim to the time spent in writing this book.
I appreciate the efforts made by Central Law Publications in bringing out this Second Edition.
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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. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023  (previously Criminal Procedure Code, 1973) and Probation of Offenders Act, 1958.
6. Meaning of the word "India"
7. Triple method of plea bargaining, compounding of offences and the Probation of Offenders Act, 1958: Supreme Court's suggestions on disposal of criminal cases.
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 (now Bharatiya Nyaya Sanhita, 2023)
(ii) Cases under Prevention of Food Adulteration Act, 1954
(ii) 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 (BNSS)
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. Distinction 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 401 of the Bharatiya Nagarik Suraksha Sanhita, 2023
3. Section 11 and provision of appeal under the Bharatiya Nagarik Suraksha Sanhita, 2023
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
    Illustration
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
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Author Details