PROBATION OF OFFENDERS ACT, 1958
1. Short title, extent and commencement 1
2. De nitions 1
3. Power of court to release certain offenders after admonition 3
4. Power of court to release certain offenders on probation of good conduct 5
5. Power of court to require released offenders to pay compensation and costs 9
6. Restrictions on imprisonment of offenders under twenty-one years of age 10
7. Report of Probation Of cer to be con dential 11
8. Variation of conditions of probation 12
9. Procedure in case of offender failing to observe conditions of bond 13
10. Provision as to sureties 13
11. Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision 14
12. Removal of disquali cation attaching to conviction 15
13. Probation Of cers 16
14. Duties of Probation Of cers 16
15. Probation Of cers to be public servants 17
16. Protection of action taken in good faith 17
17. Power to make rules 17
18. Saving of operation of certain enactments 17
19. Section 562 of the Code not to apply in certain areas 18
SUBJECT INDEX 19
Probation of Offenders Act, 1958*
[20 OF 1958]
An Act to provide for the release of offenders on probation or after due admonition and for matters connected therewith.
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Probation of Offenders Act, 1958.
(2) It extends to the whole of India 1[***].
(3) It shall come into force in a State on such date2 as the State Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different parts of the State.
COMMENTS
SECTION NOTES
1.1 Territorial Extent
This Act extends to the whole of India.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “Code” means the Code of Criminal Procedure, 1898 (5 of 1898)3;
(b) “Probation Officer” means an officer appointed to be a probation officer or recognised as such under section 13;
*Dated 16-5-1958.
1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
2. Extended to the Union Territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, w.e.f. 24-5-1968 and this Act has been extended to Goa, Daman and Diu by Regulation 11 of 1963, w.e.f. 1-2-1964.
3. Now see Bharatiya Nagarik Suraksha Sanhita, 2023.
S. 2
(
PROBATION OF OFFENDERS ACT, 1958 2
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 Criminal Procedure, 1898 (5 of 1898)3, shall have the meanings respectively assigned to them in that Code.
COMMENTS
SECTION NOTES
2.1 Code [Section 2(a)]
“Code” means the Code of Criminal Procedure, 1898 until 31-03-1973 (date upto which the said Code was in force before being repealed)
In view of section 8 of the General Clauses Act,1897,—
“Code” shall mean the Code of Criminal Procedure Act,1973 from 1-04-1974 till 30-06-2024.
With effect from 1-07-2024, “Code” shall mean the Bharatiya Nagarik Suraksha Sanhita, 2023.
2.2 Probation Of cer [Section 2(b)]
“Probation of cer” means an of cer appointed to be a probation of cer or recognised as such under section 13.
Every probation of cer and every other of cer appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code [now section 2(28) of the Bharatiya Nyaya Sanhita, 2023].
For duties of probation of cers, see section 14.
2.3 Words and Expressions used but not de ned in this Act [Section 2(d)]
Words and expressions used but not de ned in this Act and de ned in the Code of Criminal Procedure, 1898 (5 of 1898), shall have the meanings respectively assigned to them in that Code till 31-03-1973 (as that Code was repealed and replaced by Cr.PC 1973 with effect from 1-04-1974)
In view of Section 8 of the General Clauses Act, 1897,—
Such words and expressions de ned in Cr.PC, 1973 shall have the meanings assigned to them in that Code from 1-04-1974 till 30-06-2024.
With effect from 1-07-2024, such words and expressions shall have the meanings assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023, if they are de ned in that Sanhita.
CASE LAWS
Application of Probation in Juvenile Cases - The applicant, a juvenile, was convicted under the Arms Act for possessing illegal firearms and was initially sentenced to one year in a special home. He requested consideration under the Probation of Offenders Act, arguing that he had already spent six months in the home and had no criminal record. The Madhya Pradesh High Court noted that although the Arms Act mandates a minimum one-year sentence, the law allows for discretion when adequate reasons exist. Citing the reformative aims of both the Probation and Juvenile Justice Acts, the court reduced the applicant’s sentence to time already served, ordering him to complete three months of community service under the supervision of an organization designated by the Juvenile Justice Board. - Antar Singh v. State of M.P. AIR ONLINE 2020 MP 1890.
3a. Now see Bharatiya Nagarik Suraksha Sanhita, 2023.
PROBATION OF OFFENDERS ACT, 1958 S. 3
Power of court to release certain offenders after admonition.
3. When any person is found guilty of having committed an offence punishable under section 3794 or section 3805 or section 3816 or section 4047 or section 4208 of the Indian Penal Code, (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code, or any other law, and no previous conviction is proved against him and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence, and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him after due admonition.
Explanation.—For the purposes of this section, previous conviction against a person shall include any previous order made against him under this section or section 4.
COMMENTS
SECTION NOTES
3.1 Powers of the Court to release persons guilty of speci ed offences
When any person is found guilty of having committed speci ed offences and no previous conviction is proved against him, the Court may release him after due admonition instead of sentencing him or releasing him on probation of good conduct [See Section 4].
The Court may do so if it is of the opinion that, having regard to the circumstances of the case, including the nature of the offence, and the character of the offender, it is expedient to do so.
See section 5 regarding the Power of the court to require released offenders to pay compensation and costs. Release of offenders after due admonition does not mean they would be let off scot-free without consequences. He may be made to pay compensation for loss caused by his offence to any party and costs of the proceedings.
An order as above may also be made by the High Court or any other court when the case comes before it on appeal or in revision.
See section 12 as regards Removal of disquali cation relating to conviction on the person being released after due admonition.
4. Vide Notification No. S.O. 2790(E), dated 16-7-2024. Now see section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
5. Vide Notification No. S.O. 2790(E), dated 16-7-2924. Now see section 305 of the Bharatiya Nyaya Sanhita, 2023.
6. Vide Notification S.O. 2790(E), dated 16-7-2024. Now see section 306 of the Bharatiya Nyaya Sanhita, 2023.
7. Vide Notification S.O. 2790(E), dated 16-7-2024. Now see section 315 of the Bharatiya Nyaya Sanhita, 2023.
8. Vide Notification No. S.O. 2790(E), dated 16-7-2024. Now see section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
PROBATION OF OFFENDERS ACT 1958 – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JANUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364558938
NO. OF PAGES : 28
BINDING TYPE : PAPERBACK
DESCRIPTION
Probation of Offenders Act 1958 [Bare Act with Section Notes] by Taxmann offers an updated, authoritative text of the Act, complete with detailed Section Notes. These notes clarify legislative intent, judicial interpretations, and relevant case laws, enabling a thorough understanding of how offenders may be released on probation or admonition. The book also provides cross-citations to the new criminal law codes (Bharatiya Nyaya Sanhita, 2023 & Bharatiya Nagarik Suraksha Sanhita, 2023), making it an essential resource for modern legal practice and academic research. This book is intended for the following audience:
• Practising Lawyers & Judges
• Police & Correctional Officers
• Policy Makers & NGOs
• Law Students & Academicians
The Present Publication is the 2025 Edition, covering the amended and updated text of the Probation of Offenders Act [Act No. 20 of 1958], with the following noteworthy features:
• [Complete Bare Text] Presents the full, unabridged Act as amended up to 2025
• [Pre-amendment Provisions] Shows older versions of sections in amendment footnotes for clarity on past legal positions
• [Section Notes] Explains crucial terms, legislative objectives, and procedural steps under each provision
• [Case Law References] Summarises landmark rulings, highlighting decisions on granting or denying probation, with special focus on juvenile cases
• [Linkages with Other Laws] Cross-references to the new criminal law codes (Bharatiya Nyaya Sanhita, 2023 & Bharatiya Nagarik Suraksha Sanhita, 2023), noting areas where the Act does not apply
• [Practical Guidance for Legal Professionals] Offers insights on arguing for or against probation, with illustrative steps for binding offenders to good conduct
• [Easy Navigation] Includes a subject index, table of contents, clear typography, and structured headings for quick and convenient reference
