Power of Court to release certain offenders after admonition. If any one defies law, he has to face the wrath of law, depending on the concept of proportionality that the law recognizes. Gujarat Act 33 of 1964, Section 3 w. In Sarangadhar Nayak and Others v. The Reclamation and Probation Department of the then West Pakistan Province prepared two draft legislations on an all-Pakistan basis to introduce the concept of probation in the country but could not introduce these laws in the Parliament for reasons best known to the then Governments. He has a large family to support and is the sole breadwinner of his family. P-5 is the medical report.
He further stated that he was travelling for the first time to Shimla on this road. Provided that the disqualification for enrollment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be removal. The sentencers vary in objectives and approaches. It ultimately shatters the faith of the public in judicial system. It is the obligation of the court to constantly remind itself that the right of the victim, and be it said, on certain occasions the person aggrieved as well as the society at large can be victims, never be marginalised. The officer is expected to look into the probationer's immediate material needs, such as searching for employment and accommodation for the offender. In several States, however, there are no separate probation laws at all.
It is an alternative to Prisons which helps the reduction of Prison population and thereby enormous savings is made to the Government exchequer. The Probation of Offenders Act, 1958 and S. He was kept in custody of P. The question of engaging or employing the probationer on any congenial work or useful trade can be left to the advice and discretion of the probation officer and the Probation Department. The injured were 3-4 persons including one lady and a girl who were brought out from the van and taken to the hospital.
London Research Associate, Indian Law Institute, New Delhi, 1. In such cases there was no alternative but to send them to prison, which was an unnecessary burden on the State exchequer. The Code's section 562, which now stands repealed under the Probation of Offenders Ordinance 1960, provided the Court with various alternatives while dealing with a juvenile offender. And, therefore, the requisite norm has to be the established principles laid down in precedents. The first among them must be to have trained probation personnel. The non-obstante clause in section 4 of the Act is a clear manifestation of the intention of the legislatures that the provisions of the Act would have effected notwithstanding any other law for the time being in force. Moreover, sentencing an offender to a term of imprisonment caries with it a stigma, which makes his rehabilitation in society difficult.
Therefore, Section 4 empowers a court to remit the fine also and on the plain wording of the section it will be unreasonable to contend that remission of fine was not within the competency of the court. Duties of A Probation Officer Sec 14of the Act deals with the duties of a probation officer. Goa is now a State, see Act 18 of 1987, Section 3 w. This helps the probation supervisor to get a deeper insight into the real causes of crime and suggests remedies for their eradication. It is totally intolerant of anarchy. Thus probation means a period of proving or trial.
The amount of assistance is. In the area in which the Act comes into force hereinafter referred to as the said area , 1 if the said area forms part of the Bombay area of the State of Gujarat, the Bombay Probation of Offenders Act, 1938 Bom. The question which arises for determination is whether despite the fact that a minimum sentence of imprisonment for a term of six months and a fine of rupees one thousand has been prescribed by the legislature for a person found guilty of the offence under the Prevention of Food Adulteration Act, the court can resort to the provisions of the Probation of Offenders Act. Therefore, the provision should be liberally construed keeping in view the spirit embodied therein. On the other hand, Mr. Before parting with the case we are compelled to observe that India has a disreputable record of road accidents.
Finally, probation may assume the form of suspension of sentence on either of the probabilities, viz, a that the non-enforcement of traditional penal sanction, particularly, of short term imprisonment may probably result in correcting the offender to rehabilitate himself in society, or b the probation period may be an interlude for enforcement of traditional sanction if probable expectation of good conduct is not forthcoming from the offender. The whole point of view needs to be altered, not merely isolated details, and the primary duty of keeping people out of prison needs to be more clearly recognised by all authorities and not least by courts. Parbatia told that her husband has gone for earning wages. Instead a central policy towards probation must be formulated. The broad parameters laid down age of the offender, surrounding circumstances, nature of the offence, etc.