of the offender and of the public. It is really for the court, by which the person is found guilty, to determine, having regard to the circumstances of the case including the nature of the offence and the character of the offender, whether or not it will be expedient to release him. Probation, whether it is for juveniles or adults, permits a more normal social experience than and makes possible varying degrees of control over delinquents together with the option of sentencing him to an institution if he violates probation conditions. State of Rajasthan 1983 (1)Crimes 1063 v Divisional Personal Officer. (2 it extends to the whole of India except the State of Jammu and Kashmir. The appeal was, therefore, rejected. Her constituted authority, and is subject to supervision by a probation officer. It was further submitted that at the time of occurrence, the petitioner was aged about 33 years. The court will not punish him in any manner if on the facts it is satisfied that a particular person guilty of the offence of the nature enumerated in Section 4 should be released on his entering into a bond. The appeal preferred by the petitioner was also dismissed by the Sessions Court, holding that there is no infirmity in the order passed by the Trial Court.
Essay on probation of offenders act
Release on Probation, section 4 of the act deals with the power of the court to release certain offenders on probation of good conduct. The philosophy underlying probation is based on the assumption that most persons who become criminals do so because of their environment and special circumstances and that in suitable cases it is possible to change the conditions which led to a person's fall from proper standards. Provision as to e provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act. 1, was also recovered from the person of the accused. Ashok Kumar Dogra vs The State (N.C.T. It is a general section under which the benefit is extended to the offenders under 21 years of age and also offenders who are above 21 years of age. . Section 304 part-II of IPC 8, ndps Cases ( (2002) 9 SCC 620 Section 304-A (AIR2000 SC 1677 Section 325 IPC 9, Sections 409, 467, 471 IPC (AIR 2001 SC 2058 Kidnap and, abduction (AIR 1979 SC 1948 Habitual offenders, (Kamroonissa. 6, the application of the Act has occasionally caused controversy where victims or persons affected by the crime feel that the dismissal is inappropriate. Restrictions on imprisonment of offenders under twenty-one years of age. It is a treatment device, developed as a non-custodial alternative which is used by the magistracy where guilt is established but it is considered that imposing of a prison sentence would do no good.
(2) Notwithstanding anything contained in the Code, where an order under section 3 or section 4 is made by any court trying the offender (other than a High Court an appeal shall lie to the court to which appeals ordinarily lie from the sentences. Meaning of the character of the accused. The High Court affirmed the conviction as well as the sentence. Protection of action taken in good suit or other legal proceeding shall lie against the State Government or any probation officer or any other officer appointed under this Act in respect of anything which is in good faith done or intended to be done.