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Report No. 135

Chapter V

Probation of Offenders Act, 1958

5.1. The Probation of Offenders Act, 1958.-

The Commission would also like to make a few suggestions as to the release of women on probation. For the present purposes, it is enough to describe, in brief, the scheme of the principal provisions of the Probation of Offenders Act, 1958, which is in force in most parts of India excepting certain areas where release on probation is governed by section 360 of the Code of Criminal Procedure, 1973 or by a local Act (as in U.P).

The Central Act of 1958 reflects the increasing emphasis on the reformation and rehabilitation of offenders as useful and self-reliant members of society, without subjecting them to the deleterious effects of jail life. The Act contemplates release of an offender without sentencing him. The release is of two type. There may be release of the offender after "admonition" (section 3), or - which is more frequent - there may be release of the offender on probation of good conduct (section 4).

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