 the probation of offenders bill, 1957(as introduced in lok sabha)  bill(as introduced in the lok sabha) to provide for the release of offender oft probation or aft, clue admonition and for matters connected therewith be it enacted by parliament in the eighth year of the republic of india as follows:-1 (1) this act may be called the probation of offenders act, short title 1957  estcnt and com  ence-ilmut s (2) it extends to the whole of india except the state of jammu and kas~ (j) it shall come into force in a state on such date as the state government may, by notification in the oftlclal gazette, appoint, and different dates may be appointed for different parts of the state 10 2 in this act, unless the context otherwise requires,-(a) "code" means the code of criminal procedure, 1898; (b) "probation offtcer" means an offteer appointed to be a probation offtcer or recognised as such under section 11; (c) "prescribed" means prescribed by rules made under is this act; (d) words and expressions used but not defined in this act and defined in the code of criminal procedure, 1898, shall have the meanings respectively assigned to them in that code power of coun to release certain offenders after admonition 3 when any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 403 or section 420 of the indian penal code 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, 5 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 80 to' do, then, notwithstanding anything contained in any other law for the time 10 being 'in"force, the court may, instead of sentencing him to any p\ulishment or releasing him on probatio~ of good conduct under section 4, release him' after due admonition power or court to releue certain offender on probation ~d= 4 (1) when any person is found guilty of having committed an offence not punishable with death or imprisonment for ltfe and the 15 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 to release h!m on' 'probation of ftod conduct, then, notwithstanding anything contained in' any' other law for tbetime being in fol'ce, the court 20 may, instead of sentencing him at once to any punishment, direct that he 'be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such p2riod, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: 25 provided that the court shall not direct such release of an offender unlesl 1t is latisfted that the offender or bts surety, il any, has a fixed place of abode or regular occupation in the place- oyer which the court exercises jurisdiction or in which the oftender is likely to live cturtilgtbe 'period for whieh he enters into the bonet 30 (2) before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation omcer concerned in 'relation to the case· (j) when an order under bub-section (1) is made, the court may, if it is of opinion that in the interests of the offender and of 35 the public itia expedient 10 to do, in addition pass a supervision order direeting -that the offender shall remain under~the supervision of a probation officer named in the order during such period, not be1ng tess than one year,as may be specified therein, and may in such supervision order impose such conditions as it deems necessary 40 for the due supervision of the offender (4) the oourt making a supervision order under sub-section (3) shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the· conditions spec1fted·in such order and such additional conditions with respect to residence, abetention from intoxicants and any other matters as the court may, having regard to the particular circumatances, consider fit to impose 5 for preventing a repetition of the same offence or a commission of other offences by the offender  - (5) the court making a supervision order under: sub-section (3) hall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to 10 each of the offenders, the sureties, if any, and the probation officer ccmeemed  ":"""",~, 5 (1) the court directing the release of an offender under sec- power of tion 3 or section 4, may, if it thinks fit, make at the same time a fur-:ireto ther order directing him to payrefuted offenders to 15 (a) such compensation as the court thinks reasonable for g~8~~i!!~ loss or injury caused to any person by the commission of the and costs offence; and (b) such costs of the proceedings as the court thinks reasonable 20 (2) the amount ordered to be paid under sub4ection (1) may be '1'ecovered as a fine in aceordanee witbthe provisions of aectioas 386 and 387 of the code (3) a civil court trying oy suit, arising out of the same matter for which the offender is prosecuted, shall take into account any 2s amount paid or recovered as compensation qnder sub-section (1) in awarding damages 6 (1) if, on the application of a probation ofticer, any court vandi'~t!o[l orof  con nons which passes an order under section 4 in respect of an offender is probation of opinion that in the interests of the offender and the public it 30 is expedient or necessary to vary the conditions of any bond entered into by the offender, it mny, at any time during the period when the bond is effective, vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions 3s thereof or by inserting additional conditions therein: provided that no such variation shall be made without giving the offender and the surety or sureties mentioned in the boftd  an opportunity of being heard (2) if any surety refuses t~ consent to any vari,ation proposed 40 to be made under sub-section (1), the court may require the offender to enter into a fresh- bond and' if the offender refuses or fails to do so, the court may sentence him for the offence of which he was found guilty (3) notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, s if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him rellmtric~ons 7 (1) when 6i1y person under twenty-one years of age is found 10 on pnsod-ment of guilty of having committed an offence punhhable with imprisonoffend de r ~ ment (but not with imprisonment for life), the court by which the un e  cd-ty-one years person is found guilty shall not sentence him to imprisonment unof &ie less it is satisfied that, having regard to the circumstances of the case including the nature of the offence and the character of the is offender, it would not be desirable to deal with him under section 3 or section 4, and if the court passes any sentence of imprisonment on the offender, it shall record its realons for doing so  (2) before passing a sentence of imprisonment on any offender ~erred to in sub-section (1), the court shall call for a report from 20 the probation officer and consider the report, if any, and any other information available to it relating to the character and physical and mental condition of the offender (3) the report of the probation officer referred to in sub-section (2) shall be treated as confidential: 25 provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report procedure in 8 (1) if the court which passes an order under section 4 in res- 30 :ftndfr pect of an offender or any court which could have dealt with the fmng offender in respect of his original offence has reason to believe, on :~:id:: the report of a probation officer or otherwise-, that the offender has of bond failed to observe any of the cooditlons of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks 35 fit, issue a summons to him and his sureties, if any, requiring him or them to attend before it at such time as may be specified in the summons (2) the court before which an oftender is so brought or appears may either remand him to custody until the case is concluded or it 40 may grant him bail, with or without surety, to appear on the date  which it may fix for hearing (3) if the court, after hearing the case, is satis6ed that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may forthwith-(a) sentence him for the original offence; or s (b) where the failure is for the first time, then, without 'prejudice to the continuance in force of the bond impose upon him a penalty not exceeding fifty rupees  (4) if a penalty imposed under clause (b) of sub-section (3) is not paid within such period as the court may fix, the court may 10 selltence the offender for the original offence t the provisions of sections 122, 126, 126~ 406a, 514, 514a, 514b provilion and 515 of the code shall, so far as may be, apply in the case of ~:~es bonds and sureties given under this act 10 (1) notwithstanding anything contained in the code or any courts is other law, an order under this act may be made by any court em- competent   to make ordon powered to try and sentence the offender to unpnsonment and also uncler the by the high court or any other court when the case comes before actd, apj?cal j   an revis on it on appeal or m revision and powers of courts in (2) notwithstanding anything contained in the code, where an appeal and 20 order under section 3 or section 4 is made by any court trying the revision offender (other than a high court), qd appeal shall lie to the court to which appeals ordinarily lie from the sentences of the former court (3) in any case where any person under twenty-one years of 25 age is found guilty of having committed an offence and the court by which he is found guilty declines to deal with him under section 3 or section 4, and passes any sentence of imprisonment on the offender from which no appeal lies or is preferred, then notwithstanding anything contained in the code or any other law, the court to 30 which appeals ordinarily lie from the sentences of the former court may, either of its own motion or on an application made to it by the convicted person or the probation officer, call for and examine the records of the case and set aside the sentence and in lieu thereof make an order under section 3 or section 4 3s (4) when an order has been made under section 3 or section 4 in respect of an offenders, the appellate court or the high court in the exercise of its power of revision may set tiide such order and in lieu thereof pass sentence on such offender according to law: provided that the appellate court or the high court in revision ;0 shall not inflict a greater punishment than might have been inflicted by the court by which the offender was found guilty  11 (1) a prelnatiob oftleer mul8i' twa act 1iaaii· __probation officers (a) a person appointed to be a probation oscel' by the state government or recopised as such by the state govern-dlent; or (b) a person provided for this purpose by a society l'ecoi-s dised in this behau by the state government; or (c) in, aay, e:ueptioaal case, any other pei'8gd who, in the opiniad of the court, ia fit to act  a p!'obation 08lcer id tim special circumstances of the cue (2) a court which passes an order under section 4 or the·district 10 magistrate of the district in which the offender for the time beini resides may, at any time, appoint any probation officer in the place of the person named in the supervision order erpzanation-for the purposes of this section, a presidency town shall be deemed to be a district and chief presidency map;trate shall is be deemed to be the district magistrate of that district (3) a probation officer, in the exercise of his duties under any supervision order, shall be subect to the control of the district magistrate of the district in which the offender for the time being resides 12 a probation officer shall, subject to such conditions and res- 20 trictions, as may be prescribed duties of probation deen <a) inquire, in accordance with any directions of a court, into the circumstances or home surroundings of any person with a view to assist the court in determining the most suitable method of dealing with him; 25 (b) supervise probationers and other persons placed under his supervision and, where neceasary, endeavour to find them suitable employment; (c) advise and assist offenders in the paydlent of compensation or costs ordered by the court; 30 (d) advise and assist, in such cases and in such madner as may be prescribed, persons who have been released under section 4; and (e) perform such other duties as may be prtllcribeci removal of disqualilication attaching to conviction 13 notwithstanding anything contained in any other law, a person 3s foun' guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence· under such law: provided that nothing in this section shall apply to a person who after his release under section 4, is subsequently sentenced for the original offence 14 every probation officer or any other officer appointed in pur ~bation 5 suance of this act shall be deemed to be a public servant within the be ;bli~o 45 of 1861> meaning of section 21 of the indian penal code servant • 15 no suit or other legal proceeding shall lie against the state ~~~~f government or any probation officer or any other officer appointed in good faith under, this act in respect of anything which is in good faith done or 10 intended to be done in pursuance of this act or of gny rules or orders made thereunder 16 (1) the state government may, with the approval of the p~~r lle° central government, by notification in the official gazette, ,make m-", ru 8 rules to carry out the purposes of this act 15 (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of th~ following matters, namely:-(a) appointment of probation officers, the terms and conditions of their service and the area within which they are to exercise jurisdiction; 20 (b) duties 9f probation officers under this act and the submission of reports by them; (c) the conditions on which societies may be recognised for the purposes of clause (b) of sub-section (1) of section 11; (d) the payment of remuneration and expenses to probation oftlcers or o! a subsidy to any society which provides probation oftlcers; and (e) any other matter which is to be, or may be, prescribed (3) all rules made under this section shall be subject to the 30 condition of previous publication 8 of 1897 104 of 1956 17 nothing in this act shall affect the provisions of section 31 of savinl of reformatory schools act, 1897, or the suppression of immoral ~ traffic in women and girls act, 1956, or of any law in force in anyenctmepts state relating to juvenile offenders or borstal schools 3s 18 section 562 of the code shall cease to apply to the states or :~':,'; the parts thereof in which this act is brought into force code dlot  t(upp y id certain areas  statement of objects and reasonsthe question of release of offenders on probation of good conduct instead of sentencing them to imprisonment has been uncic' 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 lncua 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 wide-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 unifor~ally applicable to ~ll the states 3 it is propored 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 probation, in all suitau~ cases, an offender found guilty of having committed an offence not punishable with death or imprisonment for life ifi respect of offenders under 21 years of age, special provision has been made putting restrictions on their imptisonment d~g the period of probation, offenders will remain under the supervision of probation officers in order that they may be reformed and become usefuj members of society the bill seeks to achieve these objects g b pant new driju; the 19th september, 1957  memorandum regarding delegated legislationclause 16 of the probation of offenders bill, 1957, empowers the state governments to make rules in respect of matters specified therein they relate inter alia to the appointment of probation officers their duties and terms and conditions of service, submission of reports by them, conditions on which societies may be recognised for the purpose of providing probation officers and payment of subsidy to any such recognised societies and of remuneration and expenses to probation officers the matters in respect of which rules may be made are of a routine and administrative character moreover, the rules to be made by state governments are subject to the approval of the central government the delegation of legislative power is thus of a normal character clause 11 of the probation of offenders bill, 1957, contemplates the appointment by the state governments of probation officers for discharging the various duties specified in the bill some staff may also be required to 'lssist the probation officers 2 the expenditure on the probation officers and staff to be appointed by the state governments will be borne by those governments the central government will be' responsible only for the expenditure on the probation officers and their staff in the union territories a probation act is already in force in delhi and little additional expenditure will be required on account of this legislation in the other union territories which are small, the problem of crime and crimiools is not acute and consequently the expenditure on the probation officers and their staff is not expected to be appreciable  a billto provide for the release of offenders on probation or after due admonition and for matters connected therewith (shri govind ballabh pant, minister of home affairs) 