Probation of Offenders Act, 1958
← Probation of Offenders Act, 1958
Section 19

Section 562 of the Code not to apply in certain areas

Not yet verified with the latest version of the bare act.
Text as per India Code

Subject to the provisions of section 18 section 562 of the Code shall cease to apply to the States or parts thereof in which this Act is brought into force.

s. 20 (w.e.f. 2-1-1979).

STATEMENT OF OBJECTS AND REASONS The question of release of offenders on probation of good conduct instead of sentencing them to imprisonment has been under consideration for some time. In 1931, the Government of India prepared a draft of Probation of Offenders Bill and circulated it to the then Local Governments for their views. However, owing to pre-occupation with other more important matters, the Bill could not be proceeded with. Later in 1934, the Government of India informed Provincial Governments that there was no prospect of Central legislation being undertaken at the time and there would be no objection to the Provinces undertaking such legislation themselves. A few Provinces accordingly enacted their own probation laws. 2. In several States, however, there are no separate probation laws at all. Even in States where there are probation laws, they are not uniform nor are they adequate to meet the present requirements. In the meantime, there has been an increasing emphasis on the reformation and rehabilitation of the offender as a useful and self-reliant member of society without subjecting him to the deleterious effects of jail life. In view of the vide-spread interest in the probation system in the country, this question has been re-examined and it is proposed to have a Central law on the subject which should be uniformly applicable to all the States. 3. It is proposed to empower Courts to release an offender after admonition in respect of certain specified offences. It is also proposed to empower Courts to release on probations in all suitable cases, an offender found guilty of having committed an offence not punishable with death or imprisonment for life.

In respect of offenders under 21 years of age, special provision has been made putting restrictions on their imprisonment. During the period of probation, offenders will remain under the supervision of probation officers in order that they may be reformed and become useful members of society. The Bill seeks to achieve these objects.

NEW DELHI; The 19th September, 1957. In G.

Judgments on Section 19