Prohibition Of Offenders Act 1958
- This Act was made in the result of the recommendations of the jail committee the government of India decided to have a comprehensive legislation on probation law in India.
- This Act also provide the special relief to the offender under 21 years of age.
- In this Act under section 3 of this act any person who found guilty of committed an offence punishable under section 379(Punishment of Theft), 380(Theft in dwelling house),381(Theft by Clerk or servant of property in possession of master) or section 404(Dishonest misappropriation of property possessed by deceased person at the time of his death),420(cheating and dishonestly including delivery of property) of Indian Penal Code. The Act provides the freedom to Court to vary the conditions of bond when an offender is released on probation of good conduct and to extend the period of probation not to exceed three years from the date of original order.
- There is also mentioned under the section 6 of this Act that any person who is under 21 years old get relief under this section where the person is not committing any petty offence and the term is IMPRIOSNMENT FOR LIFE is not used.
JUDGMENET ON 420,120B
THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
SB Criminal Revision Petition No. 88/1999
Durga Prasad Jain versus State of Rajasthan
HON’BLE MR. JUSTICE MN BHANDARI
Vide separate order on the point of sentence, convict is benefit of Probation is granted to the convict u/sec. 4 of Probation of Offender’s Act subject to his furnishing bond of good behaviour and maintaining peace, for sum of Rs.30,000/ with one surety in the like amount for the period of two years. No order as to fine. Further Rs.1,10,000/(Rupees One lac ten thousand) as compensation is awarded in faovur of the complainant which has to be paid within one month failing which he shall under go simple imprisonment for 2 years and compensation shall be recovered as revenue of State.
Convict is directed to appear before Probation Officer at least once in every two months or as and when directed. He is also directed to maintain peace and be of good behaviour during probation period. Convict furnished personal bond, same are accepted. Copy of judgment and order on the point of sentence be given to the convict free of cost. File be consigned to record room after all necessary compliance.