The Probation of Offenders Act, 1958

(1) This Act may be called the Probation of OffendersAct, 1958. (2) It extends to the whole of India 1***. (3) It shall come into force in a State on such date as the State Government may, by notification in theOfficial Gazette, appoint, and different dates may be appointed for different parts of the State.

In this Act, unless the context otherwise requires,-- (a) "Code" means the Code of Criminal Procedure, 1898 (5 of 1898); (b) "probation officer" means an officer appointed to be a probation officer or recognised as suchunder section 13; (c) "prescribed" means prescribed by rules made under this Act; (d) words and expressions used but not defined in this Act and defined in the Code of CriminalProcedure, 1898 (5 of 1898)1, shall have the meanings respectively assigned to them in that Code.

When any person is found guiltyof having committed an offence punishable under section 379 or section 380 or section 381 orsection 404 or section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable withimprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code orany other law, and no previous conviction is proved against him and the court by which the person isfound guilty is of opinion that, having regard to the circumstances of the case including the nature of theoffence, and the character of the offender, it is expedient so to do, then, notwithstanding anythingcontained in any other law for the time being in force, the court may, instead of sentencing him to anypunishment or releasing him on probation of good conduct under section 4, release him after dueadmonition. Explanation.For the purposes of this section, previous conviction against a person shall include anyprevious order made against him under this section or section 4.

(1) When anyperson is found guilty of having committed an offence not punishable with death or imprisonment for lifeand the court by which the person is found guilty is of opinion that, having regard to the circumstances ofthe case including the nature of the offence and the character of the offender, it is expedient to release himon probation of good conduct, then, notwithstanding anything contained in any other law for the timebeing in force, the court may, instead of sentencing him at once to any punishment direct that he bereleased on his entering into a bond, with or without sureties, to appear and receive sentence when calledupon during such period, not exceeding three years, as the court may direct, and in the meantime to keepthe peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that theoffender or his surety, if any, has a fixed place of abode or regular occupation in the place over which thecourt exercises jurisdiction or in which the offender is likely to live during the period for which he entersinto the bond. (2) Before making any order under sub-section (1), the court shall take into consideration the report,if any, of the probation officer concerned in relation to the case. (3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interestsof the offender and of the public it is expedient so to do, in addition pass a supervision order directing thatthe offender shall remain under the supervision of a probation officer named in the order during suchperiod, not being less than one year, as may be specified therein, and may in such supervision orderimpose such conditions as it deems necessary for the due supervision of the offender. (4) The court making a supervision order under sub-section (3) shall require the offender, before he isreleased, to enter into a bond, with or without sureties, to observe the conditions specified in such orderand such additional conditions with respect to residence, abstention from intoxicants or any other matteras the court may, having regard to the particular circumstances, consider fit to impose for preventing arepetition of the same offence or a commission of other offences by the offender. (5) The court making a supervision order under sub-section (3) shall explain to the offender the termsand conditions of the order and shall forthwith furnish one copy of the supervision order to each of theoffenders, the sureties, if any, and the probation officer concerned.

(1) The courtdirecting the release of an offender under section 3 or section 4, may, if it thinks fit, make at the sametime a further order directing him to pay (a) such compensation as the court thinks reasonable for loss or injury caused to any person bythe commission of the offence; and (b) such costs of the proceedings as the court thinks reasonable. (2) The amount ordered to be paid under sub-section (1) may be recovered as a fine in accordancewith the provisions of sections 386 and 387 of the Code. (3) A civil court trying any suit, arising out of the same matter for which the offender isprosecuted, shall take into account any amount paid or recovered as compensation under sub-section (1)in awarding damages.