The Probation Of Offenders Act MCQ Quiz - Objective Question with Answer for The Probation Of Offenders Act - Download Free PDF

The correct answer is Option 4.

Key Points

4) The court must seek a report from the probation officer and consider the offender’s character and physical and mental condition before deciding on imprisonment.

• Under Section 6 of "The Probation of Offenders Act, 1958," when an offender under twenty-one years of age is found guilty of an offence not punishable with life imprisonment, the court is required to consider alternative measures such as those under Section 3 or Section 4 before imposing imprisonment.
• The court must not sentence the offender to imprisonment unless it is convinced, after considering the circumstances of the case, the nature of the offence, and the character of the offender, that imprisonment is necessary.
• Additionally, the court must call for a report from the probation officer and consider any available information regarding the offender’s character and physical and mental condition before making its decision.

Therefore, option 4 is the most accurate response.

The correct answer is Option 4) The Act extends to the whole of India, and it shall come into force in a State on such date as the State Government may appoint by notification.

Key Points

• The Probation of Offenders Act, 1958, as described in the provided text, applies to the entire territory of India.
• Initially, the Act excluded the State of Jammu and Kashmir, but this exception was removed by an amendment in 2019 (Act 34 of 2019).
• The Act's commencement is subject to the discretion of the respective State Governments, who may notify the date from which the Act will be enforced in their jurisdiction.
• Therefore, option 4 accurately reflects both the territorial extent and the commencement procedure of the Act.

Correct answer is Option 2\

Key Points 

 Explanation: When a court decides to release an offender under sections 3 or 4, it has the authority to also issue an order requiring the offender to pay compensation for any loss or injury caused by their offence, as well as to cover the costs of the legal proceedings. This approach reflects the court’s recognition of the harm caused by the offender's actions and aims to provide some form of restitution to the victim.

The key points include:

• Sub-section (1) allows the court to determine what constitutes "reasonable" compensation and costs based on the specific circumstances of the case.
• Sub-section (2) states that the amounts ordered can be recovered as a fine, aligning with the provisions in the Code of Criminal Procedure.
• Sub-section (3) emphasizes that any compensation paid can be considered by a civil court in subsequent lawsuits related to the same matter, ensuring that the offender's payment is accounted for in any damages awarded.

The correct Answer is Option 2. Sections 122, 126, 126A, 406A, 514, 514A, 514B, and 515.

Key Points

Section 10 of the Probation of Offenders Act, 1958, states that certain sections of the Code of Criminal Procedure, 1898 (referred to as "the Code" in this Act), specifically sections 122, 126, 126A, 406A, 514, 514A, 514B, and 515, apply to bonds and sureties given under this Act. These sections deal with matters related to surety, forfeiture, and the procedure for bonds, ensuring that the provisions for sureties in the Code are extended to cover situations under the Probation of Offenders Act as well.

Thus, option 2 includes all the relevant sections from the Code of Criminal Procedure, 1898, making it the correct answer.

The correct answer is Option 1

Key Points

•  The Probation of Offenders Bill was introduced in the Lok Sabha on November 18, 1957.
• This marked a significant step in the legislative process that culminated in the enactment of the Probation of Offenders Act, reflecting a shift towards a more reformative approach in the Indian penal system.

The correct answer is option 4.

Key Points

•  Section 9 of the Act says Procedure in case of offender failing to observe conditions of bond.—(1) If the court which passes an order under section 4 in respect of an offender or any court which could have dealt with the offender in respect of his original offence has reason to believe, on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks 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 offender is so brought or appears may either remand him to custody until the case is concluded or it 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 satisfied 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
  (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 sentence the offender for the original offence.
•  Section 5 of the Act says Power of court to require released offenders to pay compensation and costs.—(1) The court directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same time a further order directing him to pay—

  (a) such compensation as the court thinks reasonable for loss or injury caused to any person by the commission of the offence;

  (b) such costs of the proceedings as the court thinks reasonable

  (2) The amount ordered to be paid under sub-section (1) may be recovered as a fine in accordance with the provisions of sections 386 and 387 of the Code.

  (3) A civil court trying any suit, arising out of the same matter for which the offender is prosecuted, shall take into account any amount paid or recovered as compensation under sub-section (1) in awarding damages.

The correct answer is option 3.Key PointsSection 4 of The Probation of Offenders Act 1958 deals with Power of court to release certain offenders on probation of good conduct.

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life 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 to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court 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 period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour:
Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters
into the bond.
(2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.

The correct answer is option 4.

Key Points

•  Section 14 of the Act says Duties of probation officers.—A probation officer shall, subject to such conditions and restrictions, as may be prescribed,—
  (a) 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 in determining the most suitable method of dealing with him and submit reports to the court;
  (b) supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment;
  (c) advise and assist offenders in the payment of compensation or costs ordered by the Court;
  (d) advise and assist, in such cases and in such manner as may be prescribed, persons who have been released under section 4; and
  (e) perform such other duties as may be prescribed

The correct answer is Option 3.

Key Points

• In Phul Singh vs State of Haryana AIR 1980 SC 249, the court clarified that the provision of Section 4 should neither be seen as undue leniency nor should it be applied in undeserving cases. Further, in the case of Ram Prakash vs State of Himachal Pradesh AIR 1973 SC 780, the court held that the provisions of Section 3 and Section 4 are not mandatory because of the presence of the word “may” instead of the word “must”. 

Additional Information Section 3 of the Probation of Offenders Act, 1958:- Admonition

• Section 3 deals with the power of the courts to release offenders on admonition. The admonition is nothing but reprimand. This Section empowers the courts to release the offenders where the offenders are released without undergoing the penalty prescribed by the Indian Penal Code or any other relevant law. However, an offender is eligible for release under this Section only if the following requisites are observed:
  • The person is guilty under Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of Indian Penal Code, or
  • The person is guilty of any offence punishable with imprisonment not exceeding 2 years or with fine, or with both under the Indian Penal Code or any other law and
  • No previous convictions are proved against such persons, and
  • The nature of the offence and the character of the offender is taken into consideration.

Section 4 of the Probation of Offenders Act, 1958:- Probation of Good Conduct

• Section 4 of the Act is the most important provision. It lays down that an offender can be released on probation of good conduct without the sentence of imprisonment by the court. 
  • This Section empowers the court to give directions to execute a bond, with or without sureties, to appear before the court when called and receive the sentence given to him by the court.

The correct answer is Option 1.

Key PointsSection 17. Power to make rules.

• (1) The State Government may, with the approval of the Central Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
• (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the 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;
  • (b) duties of 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 13;
  • (d) the payment of remuneration and expenses to probation officers or of a subsidy to any society which provides probation officers; 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 condition of previous publication and shall, as soon as may be after they are made, be laid before the State Legislature

The correct answer is 3 years 

Key PointsSection 4 of Probation of Offenders Act, 1958 relates to Power of Court to release certain offenders on probation of good conduct.  
It states that :

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life 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 to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court 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 period not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour:
Provided that the Court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the Court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

(2) Before making any order under sub-section (1), the Court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.
(3) When an order under sub-section (1) is made, the Court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender.
(4) The Court 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 specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the Court may, having regard to the particular circumstances, consider fit to impose 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) shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officer concerned.

The correct answer is A-2, B-3, C-1, D-4 

Key PointsSection 17 of The Probation of Offenders Act, 1958 relates to Power to make rules. 
It states that : (1) The State Government may, with the approval of the Central Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2)
In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the 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;
(b) duties of 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 13;
(d) the payment of remuneration and expenses to probation officers or of a subsidy to any society which provides probation officers; 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 condition of previous publication and shall, as soon as may be after they are made, be laid before the State Legislature.

Section 6 of The Probation of Offenders Act, 1958 relates to Restrictions on imprisonment of offenders under twenty-one years of age. 
It states that : (1) When any person under twenty-one years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), the Court by which the person is found guilty shall not sentence him to imprisonment unless it is satisfied that, having regard to the circumstances of the case including the nature of the offence and the character of the 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 reasons for doing so.
(2)
For the purpose of satisfying itself whether it would not be desirable to deal under section 3 or section 4 with an offender referred to in sub-section (1) the Court shall call for a report from 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.

Section 4 of The Probation of Offenders Act, 1958 relates to  Power of Court to release certain offenders on probation of good conduct. 
It states that : (1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life 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 to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court 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 period not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour:
Provided that the Court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the Court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.
(2) Before making any order under sub-section (1), the Court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.
(3) When an order under sub-section (1) is made, the Court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender.
(4) The Court 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 specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the Court may, having regard to the particular circumstances, consider fit to impose 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) shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officer concerned.

Section 13 of The Probation of Offenders Act, 1958 relates to Probation officers. 
It states that : (1) A probation officer under this Act shall be : 
(a) a person appointed to be a probation officer by the State Government or recognised as such by the State Government; or
(b) a person provided for this purpose by a society recognised in this behalf by the State Government; or
(c) in any exceptional case, 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.
(2) A Court which passes an order under section 4 or the District Magistrate of the district in which the offender for the time being resides may, at any time, appoint any probation officer in the place of the person named in the supervision order.
Explanation. - For the purposes of this section, a presidency-town shall be deemed to be a district and chief presidency magistrate shall be deemed to be the district magistrate of that district.
(3) A probation officer, in the exercise of his duties under this Act, shall be subject to the control of the district magistrate of the district in which the offender for the time being resides.

The correct answer is Option 3.

Key Points

• Section 9 of The Probation of Offenders Act, 1958, outlines the procedure if an offender fails to observe the conditions of the bond. The court may sentence the offender for the original offense or, if the failure is for the first time, impose a penalty not exceeding fifty rupees.
• As per this section, if a probation officer or any other source reports that an offender has failed to comply with the conditions of the bond, the court can take action. 
• The court can either issue a warrant for the offender's arrest or a summons requiring the offender and their sureties to appear before the court at a specified time.
• When the offender appears or is brought before the court, the court may either remand the offender to custody until the case is concluded or grant bail, with or without surety, for the offender to appear at a fixed date for the hearing.
• If, after the hearing, the court is satisfied that the offender has failed to observe any conditions of the bond, it can take immediate action.
• The court may sentence the offender for the original offence for which the probation was granted.  If the failure to comply is the first instance, the court can impose a penalty not exceeding fifty rupees without terminating the bond.
• The court will fix a period within which the penalty must be paid. If the penalty is not paid within the specified period, the court can then sentence the offender for the original offence.

The correct answer is Option 3.

Key Points

• Section 14 of The Probation of Offenders Act, 1958, specifies various duties of a probation officer, such as supervising probationers, finding suitable employment for them, and advising and assisting them in paying compensation.
• Collecting taxes is not among these duties. 
• As per Section 14 of the Act, A probation officer shall, subject to such conditions and restrictions, as may be prescribed - 
  • (a) 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 in determining the most suitable method of dealing with him and submit reports to the court,
  • (b) supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment,
  • (c) advise and assist offenders in the payment of compensation or costs ordered by the Court,
  • (d) advise and assist, in such cases and in such manner as may be prescribed, persons who have been released under section 4, and
  • (e) perform such other duties as may be prescribed

The correct answer is Option 1. 

Key Points

• The Probation of Offenders Act, 1958, designated as Act No. 20 of 1958, is a law enacted by the Indian Parliament in the year 1958.
• This Act provides guidelines for the release of offenders on probation or after due admonition, with the aim of rehabilitating offenders and reducing the likelihood of recidivism.
• It outlines the conditions under which courts can order probation instead of immediate sentencing, the roles and responsibilities of probation officers, and the legal protections for those involved in its implementation.
• The Act aims to provide a more rehabilitative approach to justice, especially for first-time and minor offenders.