THE PROBATION OF OFFENDERS ACT, 1958

What is the short title of the Act as per Section 1 of the Probation of Offenders Act, 1958?

The Probation of Offenders Act, 1958

What is the Act No. of the Probation of Offenders Act, 1958?

ACT NO. 20 OF 1958

What is the significance of the date "16th May 1958" in the context of the Probation of Offenders Act?

Date of presidential assent

What is the primary objective of the Probation of Offenders Act, 1958 as indicated in its Preamble?

To provide an alternative to imprisonment for certain offenders

The Probation of Offenders Act, 1958 aims primarily at which type of justice system?

The Act adopts a reformative approach to criminal justice, aiming to rehabilitate first-time and minor offenders.

According to the Preamble, the Probation of Offenders Act, 1958 provides for?

Release on probation of good conduct

The Preamble of the Probation of Offenders Act, 1958 reflects which legislative intent?

Reform and rehabilitation of first-time offenders

Which case emphasized that the Probation of Offenders Act, 1958 should be liberally construed to fulfill its reformative purpose?

Dharambir v. State (NCT of Delhi), (2010) 5 SCC 344

What does the expression "after due admonition" in the Preamble refers?

Formal warning and discharge without punishment

To which territories of India does the Probation of Offenders Act, 1958 extend?

the whole of India

The exclusion of Jammu and Kashmir from the Probation of Offenders Act, 1958 was based on which constitutional provision (prior to abrogation of Article 370)?

Article 370

Who has the authority to bring the Probation of Offenders Act, 1958 into force in a State?

State Government

How is the commencement of the Probation of Offenders Act, 1958 notified in a State?

By a notification in the Official Gazette by the State Government

Which case law clarified the object and applicability of the Probation of Offenders Act, 1958?

Ishar Das v. State of Punjab, AIR 1972 SC 1295

Which provision deal with “Definitions”?

Sec 2

Which provision deal with the term “Code”?

Sec 2(a)

What is true about the "Code" mentioned in Section 2(a) of the Probation of Offenders Act, 1958?

It originally referred to CrPC, 1898, now applies to CrPC, 1973

Which provision deal with the term “probation officer”?

Sec 2(b)

What does the term "probation officer" denotes under the Probation of Offenders Act, 1958?

A person appointed or recognised under Section 13

Which provision deal with the term “prescribed”?

Sec 2( c )

What does the term “prescribed” means under Section 2(c) of the Probation of Offenders Act, 1958?

As prescribed by rules made under this Act

What does Section 2(d) of the Probation of Offenders Act, 1958 refers?

Definitions of terms not defined in the Act but defined in CrPC, 1898

After repeal of CrPC, 1898, which Code is now applicable for interpreting undefined terms under the Probation of Offenders Act, 1958?

CrPC, 1973

Which case law clarified that terms not defined in the Probation of Offenders Act, 1958 shall be interpreted using definitions in CrPC?

Ved Prakash v. State of Haryana, AIR 1981 SC 643

Which provision deal with “Power of court to release certain offenders after admonition”?

Sec 3

Under Section 3 of the Probation of Offenders Act, 1958, a court can release an offender after admonition, if the offence is?

Punishable with imprisonment not exceeding 2 years or fine or both

To which court the power to release an offender under Section 3 is available?

Court competent to try and sentence the offender

What is correct regarding admonition under Section 3?

Admonition is a warning instead of sentence

What are the conditions for applying Section 3?

The offence is punishable with fine only

The court thinks fit to release him after admonition

In which case the Supreme Court held that release on admonition is part of reformative theory of punishment?

Arvind Mohan Sinha v. Amulya Kumar Biswas, AIR 1974 SC 1818

If a court releases a person under Section 3, such release?

Is a conviction without sentence

When can an order under Section 3 be passed?

After conviction but before sentencing

What does the expression “after due admonition” under Section 3 implies?

Censure by the court in open proceedings

What does the court regards before the application of Section 3?

The court must exercise discretion based on

Circumstances of the case

nature of the offence

the character of the offender

When under Section 3 of the Probation of Offenders Act, 1958, the court can release a person after due admonition?

No previous conviction is proved against him

What is a mandatory condition for the application of Section 3 of the Probation of Offenders Act, 1958?

The court must be of the opinion that it is expedient to release the person after admonition

What "Admonition" under Section 3 of the Probation of Offenders Act implies?

a formal warning to the offender instead of sentencing.

Which case law clarified that the benefit under Section 3 is not automatic and depends on court’s discretion?

Ishar Das v. State of Punjab, AIR 1972 SC 1295

What does Previous conviction for the purposes of Section 3 includes?

Orders made under Section 3 or 4 of the same Act

A person convicted under Section 380 IPC, who has no past convictions, may be:

Released after due admonition under Section 3

What does the term "notwithstanding anything contained in any other law" in Section 3 implies?

It overrides any conflicting law in force

In which case did the Supreme Court direct courts to consider age and first-time offender status while granting relief under this Act?

Dattatraya v. State of Maharashtra, AIR 1978 SC 1011

Which offences under IPC/BNS can qualify for admonition under Section 3?

section 379 IPC/303(2) BNS

section 380 IPC/305 BNS

section 381 IPC/306 BNS

section 404 IPC/315 BNS

section 420 IPC/318(4) BNS

In which case did the court stress that the benefit under Section 3 should be granted even after conviction if the case fits the criteria?

Murlidhar Meghraj Loya v. State of Maharashtra, AIR 1976 SC 1929

In which case did the Supreme Court observe that the benefit of Section 3 should be given to first-time young offenders to prevent their association with hardened criminals?

Ved Prakash v. State of Haryana, AIR 1981 SC 643

Which provision deal with “Power of court to release certain offenders on probation of good conduct”?

Sec 4

When under Section 4 of the Probation of Offenders Act, 1958, the court may release an offender on probation?

Only when the offence is not punishable with death or imprisonment for life

What is a condition for granting probation under Section 4 of the Probation of Offenders Act, 1958?

The court must consider the nature of the offence and character of the offender

What is the maximum period for which the court can release an offender on probation under Section 4?

3 year

What is the main difference between Section 3 and Section 4 of the Probation of Offenders Act, 1958?

Section 3 is for release after admonition;

Section 4 is for release on bond for good conduct

In which case did the Supreme Court hold that the benefit of Section 4 can be extended to adults?

Ishar Das v. State of Punjab, AIR 1972 SC 1295

When under Section 4 of the Probation of Offenders Act, 1958, the offender may be released?

On executing a bond with or without sureties

The court shall not release the offender on probation under Section 4 unless?

The court is satisfied that the offender or his surety has a fixed place of abode or regular occupation

What happens if the offender violates the conditions of the bond under Section 4?

The court may call upon him to appear and receive sentence

What factors are mandatory under Section 4 before granting probation?

Nature of offence

Character of offender

Circumstances of the case

Under Section 4(2) of the Probation of Offenders Act, 1958, the court?

Shall take into consideration the report, if any, of the probation officer

Under Section 4(3) of the Probation of Offenders Act, 1958, the supervision order shall not be for a period less than?

One year

Who must be named in the supervision order under Section 4(3) of the Probation of Offenders Act, 1958?

Probation officer

What is a under Section 4(3)? prerequisite for issuing a supervision order

An order under Section 4(1) must have already been passed

In which case did the Supreme Court uphold the importance of the role of probation officers in ensuring proper supervision under Section 4(3)?

Bhola Bhagat v. State of Bihar, AIR 1998 SC 2332

Under Section 4(4) of the Probation of Offenders Act, 1958, before releasing the offender on probation, the court must require the offender to?

Enter into a bond, with or without sureties

What type of conditions may the court impose under Section 4(4) of the Probation of Offenders Act?

Conditions relating to residence, abstention from intoxicants, or any other preventive matter

The supervision order referred to in Section 4(4) relates to which previous subsection?

Section 4(3)

What is the main objective behind imposing additional conditions under Section 4(4)?

To prevent repetition or commission of other offences

Under Section 4(5) of the Probation of Offenders Act, 1958, the court must?

Explain the terms and conditions of the order to the offender

To whom must the court furnish a copy of the supervision order under Section 4(5)?

The offender, the sureties (if any), and the probation officer

Under Section 4(5), when must the court furnish copies of the supervision order?

Immediately (forthwith) after making the order

Which provision deal with “Power of court to require released offenders to pay compensation and costs”?

Sec 5

What does under Section 5 of the Probation of Offenders Act, 1958, the court may direct the offender?

Pay compensation to the victim and costs of the proceedings

When Section 5 of the Probation of Offenders Act, 1958 applies?

When the offender is released under Section 3 or 4

Whether the power under Section 5 to award compensation is mandatory?

No, it is Discretionary

Which case held that compensation under Section 5 serves a dual purpose of rehabilitating the offender and compensating the victim?

Subhash Chand v. State of Rajasthan

What is the nature of the compensation and costs under Section 5?

Subject to the discretion of the court depending on circumstances

What best describes the nature of the power under Section 5?

Remedial and discretionary

In Ved Prakash v. State of Haryana [(1981) 1 SCC 447], what did the Supreme Court emphasize regarding compensation under Section 5?

It should be used to balance the rights of the victim and the goals of probation

The compensation awarded under Section 5(1)(a) is for?

The loss or injury caused to any person by the offence

Recovery of compensation and costs under Section 5(1) shall be made in accordance with which sections of CrPC?

Sections 386 and 387 of CrPC for recovery as fine.

What does civil court trying a suit arising out of the same matter considers?

Consider the amount paid under Section 5(1) in awarding damages

In which case did the Supreme Court observe that “compensation to the victim can be ordered even in cases where sentence is reduced or substituted under probation”?

Hari Singh v. Sukhbir Singh, AIR 1988 SC 2127.

Can compensation under Section 5 be awarded even when the accused is not sentenced to jail?

Yes

What happens if the offender fails to pay compensation ordered under Section 5?

It can be recovered as a fine

Under Section 5(1) of the Probation of Offenders Act, 1958, what orders can the court make while releasing the offender under Section 3 or Section 4?

Compensation for loss or injury

Costs of proceedings

Which provision deal with “Restrictions on imprisonment of offenders under twenty-one years of age”?

Sec 6

Under Section 6 of the Probation of Offenders Act, 1958, what is the maximum age of the offender to whom this provision applies?

21 years

When can a person under 21 years of age be sentenced to imprisonment under Section 6 of the Probation of Offenders Act, 1958?

When the court is satisfied that it is not desirable to deal with him under Section 3 or 4

What must the court record when sentencing a person under 21 to imprisonment under Section 6?

Reasons for not applying Section 3 or 4

What is the primary objective of Section 6 of the Probation of Offenders Act, 1958?

To reform young offenders

What is the effect of non-recording of reasons by court while sentencing a person under 21 years under Section 6?

Sentence is illegal and liable to be set aside

Which offence is excluded from the protection of Section 6?

an offence punishable with imprisonment for life

Under Section 6(2) of the Probation of Offenders Act, 1958, what must the court do before deciding not to apply Section 3 or Section 4 to an offender under 21 years of age?

Call for a report from the probation officer and consider the report and other available information

When the obligation of the court to call for a probation officer’s report under Section 6(2) arises?

The offender is under 21 years and is not being given benefit under Section 3 or 4

What is a key requirement under Section 6(2) of the Probation of Offenders Act, 1958?

Report of the probation officer

What is the primary objective of Section 6(2) of the Probation of Offenders Act, 1958?

To prevent imprisonment of offenders under 21 unless absolutely necessary

Which provision deal with “Report of probation officer to be confidential”?

Sec 7

How under Section 7 of the Probation of Offenders Act, 1958, the report of the probation officer is to be treated?

Treated as confidential

What is the main object of Section 7?

Protect the privacy and reformation process of the offender

As per Section 7, a probation officer’s report shall be used?

In the public interest as the court directs

What is true about the probation officer’s report under Section 7?

It is kept confidential unless the court decides otherwise

What is the rationale behind confidentiality of probation officer's reports?

To encourage frank and honest reporting and aid in rehabilitation

Which case law held that the confidentiality of the probation officer’s report must be maintained to ensure the effective working of the Act?

Murlidhar Meghraj Loya v. State of Maharashtra, AIR 1976 SC 1929

Can the contents of a probation officer’s report under Section 7 be disclosed to any third party without court's direction?

No, unless the court permits in the interest of justice

In Murlidhar Meghraj Loya v. State of Maharashtra, the Supreme Court emphasized that?

Confidentiality supports reformative theory and justice

What is the role of the court under Section 7 of the Probation of Offenders Act, 1958?

Exercise discretion in disclosing the probation officer’s report

Section 7 of the Probation of Offenders Act is most relevant during proceedings under which sections?

Section 4(2) and Section 6(2).

What procedural fairness is embedded in the proviso to Section 7 of the Act?

Right of the offender to present relevant evidence in response

Which principle of natural justice is upheld by the proviso to Section 7?

Audi alteram partem (hear the other side)

Which provision deal with “Variation of conditions of probation”?

Sec 8

 When Variation of probation conditions under Section 8 can be made?

If the court thinks it necessary in the interest of justice

Under Section 8 of the Probation of Offenders Act, can the court impose a new condition not initially mentioned in the probation order?

Yes, the court has such power under Section 8

Under Section 8(1) of the Probation of Offenders Act, 1958, who may apply for variation of the bond conditions?

The probation officer

Under Section 8(1), the court may vary the conditions of the bond if it is in the interest of?

The offender and the public

What is the maximum duration to which a bond under Section 8(1) can be extended?

Three years from the date of the original order

Which is a condition precedent for the court to vary the bond under Section 8(1)?

Giving opportunity of hearing to offender and sureties

What is TRUE regarding Section 8(1)?

Variation must be done within the effective period of the bond.

As per Section 8(1), what can be a ground for altering conditions of probation?

It is expedient or necessary in the interest of the offender and public

A court passed an order under Section 4 of the Probation of Offenders Act and wants to vary the bond after 2.5 years. The new bond is for 1.5 years. Is it valid?

No, because it exceeds 3 years from original order

Who must be heard before the court varies the bond under Section 8(1)?

The offender and the surety/sureties

Under Section 8(2) of the Probation of Offenders Act, 1958, if a surety refuses to consent to variation of conditions, the court may?

Require the offender to enter into a fresh bond

What can the court do if the offender refuses or fails to enter into a fresh bond under Section 8(2)?

Sentence him for the offence of which he was found guilty

When the power under Section 8(2) is invoked?

The surety refuses to consent to a variation in probation conditions

Section 8(2) of the Probation of Offenders Act primarily deals with?

Variation of bond conditions and consequences of refusal

Under Section 8(3) of the Probation of Offenders Act, 1958, who can apply to the court for discharge of the probation bond before its expiry?

The probation officer

The power to discharge a bond under Section 8(3) of the Probation of Offenders Act is vested in?

The Court which passed the order under Section 4

When under Section 8(3) of the Probation of Offenders Act, a bond may be discharged?

The probation officer certifies good conduct

Which provision deal with “Procedure in case of offender failing to observe conditions of bond”?

Sec 9

Under Section 9(1) of the Probation of Offenders Act, 1958, if an offender fails to observe any condition of the bond, the court may?

To issue either a warrant for arrest or a summons to the offender and sureties.

Who can report the failure of the offender to observe the bond conditions under Section 9(1)?

From the probation officer or from any other source.

Which court can take action under Section 9(1)?

Any court which could have dealt with the original offence

When an offender violates bond conditions, the court may issue a summons to?

the offender and his sureties.

What does the phrase “on the report of a probation officer or otherwise” in Section 9(1) implies?

The court can act on any credible source of information

Section 9(1) is attracted only when the offender?

Violates conditions of the bond

Under Section 9(1), the summons issued must specify?

The time and place for the offender and sureties to attend the court.

What is the primary objective of Section 9(1) in the context of the Act?

To ensure compliance with conditions of release on probation

Under Section 9(2) of the Probation of Offenders Act, 1958, when an offender is brought before the court for breach of bond conditions, the court may?

Remand him to custody or grant bail with or without surety

What are the powers of the court under Section 9(2) of the Probation of Offenders Act, 1958?

Granting bail with or without surety

Fixing a date for hearing

Remanding the offender to custody

In the event of failure to observe bond conditions under Section 9(2), the court must?

Hold a hearing and allow the offender to be heard

Which case law supports the principle that opportunity of being heard is essential before revoking probation?

State of Rajasthan v. Madan Lal, AIR 1989 SC 1485

What is the primary objective of the procedure outlined in Section 9(2)?

To provide a fair process before revoking probation

Under Section 9(3) of the Probation of Offenders Act, 1958, if the court finds that the offender has failed to observe any condition of the bond, it may?

The court may sentence the offender for the original offence.

What is the maximum penalty that can be imposed under Section 9(3)(b) for the first failure to observe the condition of bond?

a penalty not exceeding ₹50.

When Section 9(3) of the Probation of Offenders Act, 1958 applies?

The offender fails to observe the conditions of the bond

What is true regarding the penalty imposed under Section 9(3)(b)?

The bond continues to remain in force

What will be the consequences under Section 9(4) of the Probation of Offenders Act, 1958, if the offender fails to pay the penalty imposed under Section 9(3)(b) within the period fixed by the court?

The court May sentence the offender for the original offence.

Section 9(4) comes into operation when the offender fails to?

Pay the penalty imposed under Section 9(3)(b) within the period fixed by the court.

What is the nature of the power given to the court under Section 9(4) of the Probation of Offenders Act, 1958?

Discretionary

What does the phrase “sentence the offender for the original offence” under Section 9(4) refers?

Imposing the original sentence which was suspended due to probation.

Which provision deal with “Provision as to sureties”?

Sec 10

Section 10 of the Probation of Offenders Act, 1958 provides that the provisions of which sections Code of Criminal Procedure, 1898 shall apply to bonds and sureties under this Act?

sections 122, 126, 126A, 406A, 514, 514A, 514B and 515 of the Code

What is the primary objective of Section 10 of the Probation of Offenders Act?

To make provisions of CrPC applicable to sureties and bonds

In which case did the court hold that a surety bond executed under the Probation of Offenders Act is enforceable under CrPC?

State of U.P. v. Kailash Nath, AIR 1973 All 372

Which provision deal with “Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision”?

Sec 11

Under Section 11(1) of the Probation of Offenders Act, 1958, which courts are competent to make an order under the Act?

Any court empowered to try and sentence the offender to imprisonment, High Court, or any other court in appeal or revision

Section 11(1) of the Probation of Offenders Act, 1958 overrides which provisions?

Code of Criminal Procedure or any other law

Under Section 11(1), can a court of revision pass an order granting probation?

Yes, explicitly allowed

In which case the authority of a High Court to pass orders under the Probation of Offenders Act in appellate jurisdiction?

Ratan Lal v. State of Punjab, AIR 1965 SC 444

In which case the rationale behind allowing appellate or revisional courts to exercise powers under the Probation of Offenders Act?

Promote reformative justice

The power of courts to grant probation under Section 11(1) exists?

In all stages including appeal and revision

As per Section 11(2), if an order under Section 3 or 4 is passed by a Magistrate, appeal shall lie to?

Court to which appeals ordinarily lie from the sentences of the Magistrate

Which provision under the Probation of Offenders Act overrides the general provisions of appeal in the CrPC?

Section 11(2)

What does the Supreme Court held in Ram Singh v. State of Haryana, AIR 1980 SC 1083?

Appeal against a probation order lies as per normal criminal appellate structure

What is true regarding appeals under Section 11(2)?

Appeal lies to the appellate court competent to hear appeals against sentences of the court which passed the order.

Under Section 11(3) of the Probation of Offenders Act, if a person under 21 years is convicted and the trial court declines to release him on probation but imposes a sentence from which no appeal lies or no appeal is preferred, which court can call for and examine the record?

The appellate court ordinarily competent to hear appeals from the trial court

What is the purpose of Section 11(3) of the Probation of Offenders Act, 1958?

To enable appellate courts to review cases of convicted persons under 21 years, even if no appeal is preferred

According to Section 11(3), who can initiate the appellate court’s review of the record?

The appellate court on its own motion, the convicted person, or the probation officer

What is true regarding appeals under Section 11(3) of the Probation of Offenders Act?

The appellate court can call for and examine the case record notwithstanding any limitation under the Code of Criminal Procedure or other laws

What powers does the appellate court have under Section 11(3) when it calls for the record of a convicted person under 21 years?

It can call for and examine the record of the case and pass such order thereon as it thinks fit.

In the context of Section 11(3) of the Probation of Offenders Act, which is a recognized case law?

State of Uttar Pradesh v. Ram Sagar Yadav, AIR 1964 SC 465

According to the Supreme Court in State of Uttar Pradesh v. Ram Sagar Yadav, what is the significance of the appellate court’s power under Section 11(3)?

It provides a safeguard to youthful offenders ensuring the court examines if probation could be granted

Under Section 11(4) of the Probation of Offenders Act, 1958, which court has the power to set aside an order made under Section 3 or Section 4?

The Appellate Court or the High Court exercising revisionary powers

Under Section 11(4) of the Probation of Offenders Act, 1958, the appellate or revisional court?

Can set aside the order and pass a sentence according to law but cannot impose a greater punishment than the original court.

The proviso in Section 11(4) stating that the appellate or revisional court shall not inflict greater punishment than the original court is intended to?

Protect the offender from double jeopardy and harsher treatment on appeal

Which courts are competent to exercise powers under Section 11(4) of the Probation of Offenders Act?

The Appellate Court or the High Court in revision.

In the case of Ranjit Singh v. Union of India [(1969) AIR 1079], the Supreme Court held that under Section 11(4), the appellate court?

Can pass a sentence on the offender but not impose a greater punishment than the original court.

What does Section 11(4) of the Probation of Offenders Act, 1958 specifically empower the appellate or revisional court to do?

To revoke the probation order and impose a sentence according to law.

Under Section 11(4), if the appellate court sets aside the probation order and passes sentence, it must ensure that?

The sentence is the same or less than that which the trial court could have imposed.

Which provision deal with “Removal of disqualification attaching to conviction”?

Sec 12

What is the primary objective of Section 12 of the Probation of Offenders Act, 1958?

To remove civil disqualifications attached to the conviction

When section 12 is applicable?

The offender is released under Section 3 or 4

Can a person released under Section 4 of the Act still be dismissed from service?

Yes, if departmental rules permit

What best describes the effect of Section 12?

Removal of disqualification but not conviction

In which case it was held that Section 12 does not bar departmental disciplinary action?

Divisional Personnel Officer, Southern Railway v. T.R. Challappan AIR 1975 SC 2216

Can the benefit of Section 12 be claimed as a right?

No, it is discretionary

What is the purpose of Section 12?

Encourage rehabilitation without stigma

What is an exception to the benefit under Section 12 of the Probation of Offenders Act?

The proviso to Section 12 clearly states that this benefit does not apply if the person is subsequently sentenced for the original offence.

In which case did the Supreme Court hold that a government employee cannot be denied employment merely due to conviction when benefit under Section 12 is granted?

Mohd. Imran Khan v. State Government of NCT of Delhi, (2020) 12 SCC 306

Can a person who has been released under Section 4 and later sentenced for the same offence claim protection under Section 12?

No

In which case did the Court hold that Section 12 should be construed liberally to fulfill its reformative objective?

Inspector General of Police v. Bhagwan Singh, AIR 2001 SC 454

Which provision deal with “Probation officers”?

Sec 13

Under Section 13 of the Probation of Offenders Act, 1958, who is empowered to appoint probation officers?

the State Government or recognised as such by the State Government

In which case did the Supreme Court emphasize the importance of trained probation officers for effective rehabilitation?

Murlidhar Meghraj Loya v. State of Maharashtra (1976 AIR 1929)

Who is the probation officer under Section 13(1)(a) of the Probation of Offenders Act, 1958?

A person appointed or recognized by the State Government

Who is the probation officer under Section 13(1)(b) of the Probation of Offenders Act, 1958?

a person provided for this purpose by a society recognised in this behalf by the State Government

Who is the probation officer under Section 13(1)(c) of the Probation of Offenders Act, 1958?

any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case

In the absence of a government or society-appointed probation officer, the court may appoint?

Any fit person in its opinion

Can the court override the list of probation officers provided by the State Government?

Yes, under exceptional circumstances as per Section 13(c)

What does the provision enabling court appointment of a fit person as probation officer in exceptional cases ensures?

judicial discretion

Under Section 13(2) of the Probation of Offenders Act, 1958, who is empowered to appoint a new probation officer in place of the one named in the supervision order?

The Court passing order under Section 4 or the District Magistrate

When does the power under Section 13(2) of the Probation of Offenders Act can be exercised?

At any time

If the initially appointed probation officer is transferred or unavailable, who may legally replace them as per Section 13(2)?

The original court or the District Magistrate

Which section is directly linked with Section 13(2) for effective implementation?

Section 4 – Probation of good conduct

In the context of Section 13(2), the term "supervision order" refers to?

An order assigning a probation officer to supervise an offender

Which case recognized the administrative flexibility in replacing probation officers under Section 13(2) as necessary for rehabilitation?

Ram Singh v. State of Rajasthan, 1989 Cri LJ 1748 (Raj HC)

What is the effect of the appointment of a new probation officer under Section 13(2)?

The new officer continues supervision without disturbing existing probation terms

Under the Explanation to Section 13(2) of the Probation of Offenders Act, 1958, a presidency town shall be deemed to be?

A district

According to the Explanation under Section 13(2) of the Probation of Offenders Act, 1958, who is deemed to be the District Magistrate in a presidency town?

The Chief Presidency Magistrate

Why is it necessary to deem a presidency town as a district under Section 13(2)?

To extend the powers of District Magistrate to equivalent authorities in presidency towns

Under Section 13(3) of the Probation of Offenders Act, 1958, the probation officer is subject to the control of?

District Magistrate

The expression "for the time being resides" in Section 13(3) refers to:

Temporary or current residence of the offender

What is the primary purpose of Section 13(3) of the Probation of Offenders Act, 1958?

To provide local administrative control over probation officers

If a probation officer fails to follow the instructions of the District Magistrate under Section 13(3), it may lead to?

Disciplinary action against the probation officer

Which provision deal with “Duties of probation officers”?

Sec 14

In which case did the court emphasize the significance of the probation officer's role in rehabilitation?

Dalbir Singh v. State of Haryana (2000 Cri LJ 2283)

What is the primary duty of a probation officer under Section 14 includes?

Helping the offender in rehabilitation and lawful living

Under Section 14, can a probation officer recommend revocation of probation?

Yes, if offender breaches conditions

What is the Duty of probation officers under section 14(a) of the Probation of Offenders Act, 1958?

inquire, in accordance with any directions of a court into the circumstances or home surroundings of any person accused of an offence with a view to assist the court

What is the Duty of probation officers under section 14(b) of the Probation of Offenders Act, 1958?

supervise probationers and other persons and endeavour to find them suitable employment

What is the Duty of probation officers under section 14(c) of the Probation of Offenders Act, 1958?

advise and assist offenders in the payment of compensation or costs ordered by the Court

What is the Duty of probation officers under section 14(d) of the Probation of Offenders Act, 1958?

advise and assist persons who have been released under section 4

Probation officer’s inquiry under Section 14 is primarily aimed at?

Rehabilitating the offender through suitable legal mechanisms

Under Section 14, who prescribes the detailed duties of the probation officer?

As may be prescribed by rules framed under the Act

Which provision deal with “Probation officers to be public servants”?

Sec 15

Which provisions of the IPC/BNS is directly linked with Section 15 of the Probation of Offenders Act, 1958?

Section 21 – Public servant of IPC/

SECTION 2(28) of BNS.

Under Section 15 of the Probation of Offenders Act, 1958, a probation officer?

Bound by the duties and liabilities of public servants

What is the primary purpose of deeming probation officers as public servants under Section 15 of the Probation of Offenders Act, 1958?

To confer them immunity and responsibilities under law

Which provision deal with “Protection of action taken in good faith”?

Sec 16

How the term “good faith” under Section 16 of the Probation of Offenders Act is interpreted?

An act done honestly and with due care, even if it causes unintended harm.

In which case did the court emphasize the importance of "good faith" in the context of statutory protection?

M.H. Devendrappa v. Karnataka M.H.R.T.C., AIR 2002 SC 2059

What will be the consequences a probation officer makes a report in good faith under the Act, which adversely affects the accused?

No legal proceeding shall lie against the officer

Which best defines the legal principle behind Section 16?

Statutory immunity

In the context of Section 16, which legal provision under the General Clauses Act helps interpret “good faith”?

Section 3(22) of the General Clauses Act, 1897 defines "good faith" as done honestly, whether negligently or not.

Which provision deal with “Power to make rules”?

Sec 17

Under Section 17 of the Probation of Offenders Act, 1958, the power to make rules is conferred upon?

The State Government may, with the approval of the Central Government, by notification in the Official Gazette

The rules made by the State Government under Section 17 of the Probation of Offenders Act, 1958 must be?

Laid before the State Legislature

Which areas can the State Government regulate by making rules under Section 17 of the Probation of Offenders Act, 1958?

Duties and powers of Probation Officers

Section 17 empowers the State Government to make rules for?

Carrying out the purposes of the Act

In the context of Section 17, the rules made must be?

In accordance with the provisions of the Act

Which case law affirmed the power of the State Government to frame rules under Section 17 of the Probation of Offenders Act, 1958?

Bhola Bhagat v. State of Bihar, (1997) 8 SCC 720

When the rules under Section 17 become enforceable?

Once published in the Official Gazette

Who prescribes the terms and conditions of service for probation officers under Section 17?

By rules made under Section 17

Under Section 17, who are eligible to receive remuneration or subsidy?

Probation Officers or Recognised Societies

What does Section 17(a) deal with?

appointment of probation officers, the terms and conditions of their service and the area within which they are to exercise jurisdiction

What does Section 17(b) deal with?

duties of probation officers under this Act and the submission of reports by them

What does Section 17(c) deal with?

Recognition of societies for probation work for the purposes of clause (b) of sub-section (1) of section 13

The provision for the payment of subsidy to any society providing probation officers is covered under which clause of Section 17?

Clause (d)

Which provision deal with “Saving of operation of certain enactments”?

Sec 18

Which enactments are protected under Section 18 of the Probation of Offenders Act, 1958?

Reformatory Schools Act, 1897

Prevention of Corruption Act, 1947 (2 of 1947)

Section 18 of the Probation of Offenders Act saves the operation of which section of the Reformatory Schools Act, 1897?

Section 31 of the Reformatory Schools Act, 1897

Which provision of the Prevention of Corruption Act, 1947 is saved under Section 18 of the Probation of Offenders Act?

sub-section (2) of section 5 of the Prevention of Corruption Act, 1947

What is the legal implication of Section 18 of the Probation of Offenders Act, 1958?

It saves certain pre-existing laws from being affected by this Act

What does in the context of Section 18, the expression “saving clause” refers?

Clause that preserves certain existing laws

Which case law emphasized that Section 18 acts as a saving clause?

State of Maharashtra v. Natwarlal Damodardas Soni (1980)

Which provision deal with “Section 562 of the Code not to apply in certain areas”?

Sec 19

What does section 19 of the Probation of Offenders Act, 1958 provides?

Section 562 of the CrPC, 1898 (now Section 360 CrPC) ceases to apply in areas where the Probation of Offenders Act is in force.

Which section of the Criminal Procedure Code of 1973 corresponds to the repealed Section 562 of the CrPC, 1898?

Section 360 CrPC, 1973

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to the Section 360 CrPC, 1973?

Section 401 in Bharatiya Nagarik Suraksha Sanhita, 2023

What is the object of enacting Section 19 of the Probation of Offenders Act?

To remove conflict by overriding Section 562 CrPC

What does the Supreme Court held in State of Punjab v. Harbans Singh, AIR 1972 SC 283?

Once the Probation of Offenders Act applies, CrPC provisions on probation cannot be invoked

What is aim of the repeal of Section 562 CrPC in areas covered by the Probation of Offenders Act?

Avoid parallel remedies under two laws