Probation of Offenders Act, 1958, Sections 1 to 19: Complete Statutory Scheme of Admonition, Probation of Good Conduct, Compensation, Offenders under Twenty-One, Breach of Bond, Removal of Disqualification and Probation Officers

The Probation of Offenders Act, 1958 packs a complete sentencing alternative into nineteen sections. Sections 3 and 4 create the two forms of release, Section 5 adds compensation, Section 6 protects offenders under twenty-one, Sections 7 to 11 regulate reports, variation, breach, sureties and appeals, Section 12 removes disqualifications, Sections 13 to 17 build the machinery of probation officers and rules, and Sections 18 and 19 fix the Act's relationship with other laws. This note takes each section in turn, with the bare text of the key provisions, their ingredients, their counterparts under the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita, 2023, and the leading case law.

1. The Scheme: Section-Wise Overview

The Act at a glance: nineteen sections in six groups

Figure 1: The Act at a glance: nineteen sections in six groups

Read as a whole, the Act moves from the powers of release (Sections 3 to 6), through the procedure that surrounds them (Sections 7 to 11), to the effect of release on the offender's status (Section 12), the machinery that makes probation work (Sections 13 to 17), and finally its relationship with other laws (Sections 18 and 19).

⚠ Reading the 1958 references today

The Act was drafted with reference to the Code of Criminal Procedure, 1898 and the Indian Penal Code. By Section 8 of the General Clauses Act, 1897, read with the repeal and saving provisions of the later Codes, those references are now read as references to the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023. Thus Section 562 of the old Code is read as Section 401 BNSS (formerly Section 360 CrPC, 1973), and Section 21 IPC as Section 2(28) BNS.

2. Sections 1 and 2 — Title, Extent, Commencement and Definitions

Section 1, POA — Short title, extent and commencement

(1) This Act may be called the Probation of Offenders Act, 1958.

(2) It extends to the whole of India.

(3) It shall come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different parts of the State.

The words 'except the State of Jammu and Kashmir' originally in sub-section (2) were omitted by the Jammu and Kashmir Reorganisation Act, 2019 with effect from 31 October 2019. The key point is that extent and commencement are distinct: the Act extends everywhere, but operates in a State only from the date the State Government notifies. Section 1 is treated in detail in Topic 3.

Section 2(a), Code. The Code of Criminal Procedure, 1898, now read as the BNSS, 2023.
Section 2(b), Probation officer. An officer appointed to be a probation officer or recognised as such under Section 13.
Section 2(c), Prescribed. Prescribed by rules made under the Act.
Section 2(d), Residuary clause. Words and expressions used but not defined in the Act and defined in the Code have the meanings assigned to them in the Code.

3. Section 3 — Release after Admonition

Section 3, POA — Power of court to release certain offenders after admonition

When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 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, 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 so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him after due admonition.

Explanation. For the purposes of this section, previous conviction against a person shall include any previous order made against him under this section or section 4.

3.1 Conditions

1. A finding of guilt. The offender must have been found guilty; admonition is a sentencing alternative.
2. A qualifying offence. One of the five named property offences, or any offence punishable with imprisonment up to two years, or fine, or both, under any law.
3. No previous conviction. Including, by the Explanation, any previous order under Section 3 or 4. Admonition is for genuine first offenders.
4. Expediency. The court must consider the circumstances of the case, the nature of the offence and the character of the offender.
5. Due admonition. A formal warning by the court, after which the offender is released without bond, surety or supervision.
Theft. Section 379 IPC, now Section 303(2) BNS.
Theft in a dwelling house, building or vessel. Section 380 IPC, now Section 305 BNS.
Theft by a clerk or servant of property in the possession of the master. Section 381 IPC, now Section 306 BNS.
Dishonest misappropriation of property possessed by a deceased person. Section 404 IPC, now Section 315 BNS.
Cheating and dishonestly inducing delivery of property. Section 420 IPC, now Section 318(4) BNS.

⚠ Why the named offences matter

The five named offences carry maximum sentences above two years (theft up to three years, theft in a dwelling and by a servant up to seven, cheating under Section 420 up to seven). Without express mention they would fall outside the two-year limit. Parliament named them because they are the offences most often committed by first offenders under economic pressure. The named offences may be admonished whatever their maximum sentence.

4. Section 4 — Release on Probation of Good Conduct

Section 4(1), POA — Power of court to release certain offenders on probation of good conduct

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.

4.1 Ingredients of Section 4(1)

Finding of guilt. As under Section 3.
Offence not punishable with death or life imprisonment. The test is the punishment the offence carries, not the sentence the court would actually impose.
Expediency. The same statutory factors: circumstances, nature of the offence, character of the offender.
Bond. With or without sureties, to appear and receive sentence when called upon, and to keep the peace and be of good behaviour.
Period. Fixed by the court, not exceeding three years.
Fixed abode or regular occupation. Of the offender or his surety, within the court's jurisdiction or where the offender will live. Supervision is impossible without it.
Previous conviction. Not a bar, unlike Section 3, though it weighs heavily against release.

4.2 Sub-sections (2) to (5)

Section 4(2), probation officer's report. Before making an order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned.
Section 4(3), supervision order. If expedient in the interests of the offender and the public, the court may add a supervision order placing the offender under a named probation officer for a period of not less than one year, with conditions for due supervision.
Section 4(4), bond for supervision. The offender must enter into a bond, with or without sureties, to observe the conditions, and any additional conditions as to residence, abstention from intoxicants or other matters, to prevent repetition of the offence.
Section 4(5), explanation and copies. The court must explain the terms and conditions to the offender and furnish a copy of the supervision order to the offender, the sureties and the probation officer.

How probation of good conduct works under Section 4

Figure 2: How probation of good conduct works under Section 4

📖 Chellammal v. State, 2025 INSC 540

Held: Where the conditions of Section 4(1) are satisfied and its application is not excluded, the court has no discretion to omit probation from its consideration. The probation officer's report under Section 4(2) must be called for before the question is decided, although the court is not bound to follow it. Where the Act is in force, Section 19 excludes Section 360 CrPC.

Ratio: Consideration of probation under Section 4 is a mandatory step in sentencing; the report under Section 4(2) is its foundation.

📖 Dalbir Singh v. State of Haryana, (2000) 5 SCC 82

Facts: A driver convicted under Section 304A IPC of causing death by rash and negligent driving sought release on probation.

Held: Although Section 4 is available for the offence, the court must weigh the need for deterrence. Considering the carnage on the roads, drivers must know that they cannot escape a jail sentence by invoking the Act. Probation should ordinarily not be extended to such offenders.

Ratio: Section 4 is discretionary, and in classes of offences requiring general deterrence the court may and ordinarily should refuse it.

4.3 Section 3 compared with Section 4

Choosing between Section 3 and Section 4

Figure 3: Choosing between Section 3 and Section 4

	Section 3	Section 4
Offences	Named property offences and offences up to two years or fine	Any offence not punishable with death or life imprisonment
Previous conviction	Absolute bar	Not a bar
Bond	None	Mandatory, with or without sureties
Supervision	None	Optional supervision order, minimum one year
Probation officer's report	Not required by the section	Must be taken into consideration (Section 4(2))
Possibility of later sentence	None	Yes, on breach (Section 9)
Compensation	Available under Section 5	Available under Section 5
Removal of disqualification	Section 12 applies	Section 12 applies, unless later sentenced for the original offence

5. Section 5 — Compensation and Costs

Section 5, POA — 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; and (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.

Timing. 'At the same time' as the order of release.
Beneficiary. Any person who suffered loss or injury from the offence.
Quantum. What the court thinks reasonable, having regard to the loss and the offender's capacity to pay.
Recovery. As a fine under the Code; the references to Sections 386 and 387 of the 1898 Code are now read as the provisions of the BNSS on the levy of fines.
Civil suit. Amounts paid are set off in any civil damages awarded for the same matter, preventing double recovery.
Link to restorative justice. Probation with compensation lets the court show leniency to the offender without neglecting the victim.

6. Section 6 — Restrictions on Imprisonment of Offenders under Twenty-One

Section 6, POA — Restrictions on imprisonment of offenders under twenty-one years of age

(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.

Mandatory language. 'Shall not sentence him to imprisonment' reverses the ordinary position: for offenders under twenty-one, release is the rule and imprisonment the exception.
Offences covered. Offences punishable with imprisonment, but not with imprisonment for life.
Reasons. A sentence of imprisonment without recorded reasons is illegal.
Report. Calling for the probation officer's report is mandatory under Section 6(2), unlike Section 4(2), where the court considers a report 'if any'.
Relation to the Juvenile Justice Act. Children below eighteen are dealt with under the Juvenile Justice Act, 2015. Section 6 protects the young adult between eighteen and twenty-one.

Section 6: release is the rule for offenders under twenty-one

Figure 4: Section 6: release is the rule for offenders under twenty-one

📖 Ramji Missar v. State of Bihar, AIR 1963 SC 1088

Held: The object of Section 6 is to prevent young offenders from becoming criminals through contact with hardened offenders in prison. The age relevant under Section 6 is the age of the offender on the date on which the trial court finds him guilty, and the appellate court must apply the section by reference to that date even if the offender has crossed twenty-one while the appeal is pending.

Ratio: The relevant date for Section 6 is the date of the finding of guilt by the trial court.

📖 Lakhvir Singh v. State of Punjab, (2021) 2 SCC 763

Facts: Two young men, aged nineteen and twenty at the time of the incident, were convicted and sentenced to seven years' imprisonment. The parties had later compromised.

Held: Sanjay Kishan Kaul and Hrishikesh Roy, JJ. held that Section 6 is mandatory in nature and acts as an injunction on courts not to sentence an offender under twenty-one to imprisonment without recording reasons why he should not be dealt with under Section 3 or 4. The benefit may be granted even at the stage of the Supreme Court. The appellants were released on probation of good conduct.

Ratio: Section 6 imposes a duty, not a discretion, and its benefit is available at every stage of the proceedings.

7. Sections 7 and 8 — Confidentiality of Report and Variation of Conditions

Section 7, POA — Report of probation officer to be confidential

The report of a probation officer referred to in sub-section (2) of section 4 or sub-section (2) of section 6 shall be treated as confidential:

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.

Confidentiality encourages family members, employers and neighbours to speak frankly to the probation officer. The proviso protects fairness: where the report contains adverse material that may influence the decision, the court may disclose its substance and allow the offender to answer it.

Section 8(1), variation. On the application of a probation officer, the court that passed the order under Section 4 may, while the bond is in force, extend or diminish its duration (but not beyond three years from the original order), alter its conditions or insert additional conditions, after giving the offender and sureties an opportunity of being heard.
Section 8(2), surety's refusal. If a surety refuses to consent to the variation, the court may require a fresh bond; if the offender refuses or fails to give it, the court may sentence him for the original offence.
Section 8(3), discharge of bond. On the probation officer's application, the court may discharge the bond if the offender's conduct makes further supervision unnecessary.

8. Section 9 — Procedure on Breach of the Bond

Section 9, POA — 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.

Procedure on breach of the bond under Section 9

Figure 5: Procedure on breach of the bond under Section 9

⚠ Sentence 'for the original offence'

On breach, the offender is sentenced for the offence of which he was found guilty, within the punishment that offence carries. The breach is not a new offence, and the court does not retry the guilt, which was settled by the original finding. Once so sentenced, the offender loses the protection of Section 12 by virtue of its proviso.

9. Sections 10 and 11 — Sureties, Competent Courts, Appeal and Revision

Section 10 applies to bonds and sureties under the Act the provisions of the Code on bonds and sureties: Sections 122, 126, 126A, 406A, 514, 514A, 514B and 515 of the 1898 Code, now read as the corresponding provisions of the BNSS on the discharge of sureties, the procedure on forfeiture of bonds and appeals from orders of forfeiture.

Section 11(1), competent courts. Notwithstanding anything in the Code or any other law, an order under the Act may be made by any court empowered to try and sentence the offender to imprisonment, and also by the High Court or any other court when the case comes before it on appeal or in revision.
Section 11(2), appeal. Where an order under Section 3 or 4 is made by a court trying the offender (other than a High Court), an appeal lies to the court to which appeals ordinarily lie from the sentences of that court.
Section 11(3), review for offenders under 21. Where a court declines to deal with an offender under twenty-one under Section 3 or 4 and passes an unappealed or unappealable sentence of imprisonment, the appellate court may, of its own motion or on application by the convicted person or the probation officer, call for the record and pass such order as it thinks fit.
Section 11(4), powers in appeal and revision. The appellate court or the High Court in revision may set aside an order under Section 3 or 4 and pass sentence according to law, but shall not inflict a greater punishment than the trial court could have inflicted.

⚠ Why Section 11(2) was needed

An order under Section 3 or 4 is not a sentence, so without Section 11(2) it could be argued that no appeal lay from it under the Code, which gives appeals against sentences. Section 11(2) removes that doubt: the offender may appeal against the conviction on which the order rests and the conditions imposed. Where the appellate or revisional court considers that the offender ought to have been sentenced, Section 11(4) allows it to set the order aside and pass sentence, capped at what the trial court could have imposed. Section 11(3) is a separate protective jurisdiction, exercisable of the court's own motion, for offenders under twenty-one.

10. Section 12 — Removal of Disqualification Attaching to Conviction

Section 12, POA — Removal of disqualification attaching to conviction

Notwithstanding anything contained in any other law, a person found 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.

Does Section 12 erase the conviction? No. The conviction stands; only the disqualifications attached to it by other laws are removed (Union of India v. Bakshi Ram, (1990) 2 SCC 426)
What disqualifications? Statutory disqualifications created by other enactments that attach to the fact of conviction.
Does it bar dismissal from service? No. The employer may act on the conduct leading to the conviction (Sushil Kumar Singhal v. PNB, (2010) 8 SCC 573; Satpal Singh v. State of Punjab, 2026). The penalty must still be decided fairly (Shankar Dass v. Union of India, (1985) 2 SCC 358)
Can a criminal court direct that the conviction shall not affect service? Such a direction has no legal effect on the employer's powers; Section 12 cannot override Article 311(2) (Satpal Singh, 2026)
When is the protection lost? When the offender released under Section 4 is later sentenced for the original offence (proviso)

📖 SPO/Constable IRB Satpal Singh v. State of Punjab, 2026 LiveLaw (SC) 845 (decided 4 August 2026)

Held: Section 12 refers to statutory disqualifications under other enactments and its non obstante clause does not extend to the Constitution. Release on probation does not obliterate the conviction and does not prevent dismissal under Article 311(2). The employee's earlier discharge merely on the pendency of a criminal case, without a hearing, was however arbitrary, and compensation of ₹5,00,000 was awarded under Article 142.

Ratio: The most recent statement of the limits of Section 12, reaffirming Bakshi Ram and Sushil Kumar Singhal.

11. Sections 13 to 16 — Probation Officers

Section 13(1), who is a probation officer. (a) a person appointed or recognised as such by the State Government; (b) a person provided by a society recognised by the State Government; (c) in an exceptional case, any other person whom the court considers fit in the special circumstances of the case.
Section 13(2), substitution. The court that passed the order under Section 4, or the district magistrate of the district where the offender resides, may at any time appoint another probation officer in place of the one named in the supervision order.
Section 13(3), control. In the exercise of his duties, a probation officer is subject to the control of the district magistrate of the district where the offender resides.
Section 14, duties. Subject to prescribed conditions: (a) to inquire, as directed by the court, into the circumstances or home surroundings of an accused and report; (b) to supervise probationers and, where necessary, find them suitable employment; (c) to advise and assist offenders in paying compensation or costs; (d) to advise and assist persons released under Section 4; (e) other prescribed duties.
Section 15, public servants. Every probation officer and other officer appointed under the Act is deemed a public servant within Section 21 IPC, now Section 2(28) BNS.
Section 16, good faith protection. No suit or other legal proceeding lies against the State Government, a probation officer or other officer for anything done or intended to be done in good faith under the Act or the rules.

The probation officer under Sections 13 to 16

Figure 6: The probation officer under Sections 13 to 16

⚠ Consequences of being a public servant

Deeming probation officers to be public servants cuts both ways. They are protected by the offences against public servants and by the requirement of sanction for prosecution for acts done in the discharge of official duty, and they are also exposed to liability under the Prevention of Corruption Act, 1988 and the offences by public servants in the Sanhita.

12. Section 17 — Rule-Making Power

Authority. The State Government, with the approval of the Central Government, by notification in the Official Gazette.
Matters. Appointment, terms of service and areas of probation officers; their duties and reports; conditions for recognising societies under Section 13(1)(b); remuneration and expenses of probation officers and subsidies to societies; any other prescribed matter.
Previous publication. Rules are subject to the condition of previous publication, so that objections may be invited.
Legislative control. Rules are laid before the State Legislature as soon as may be after they are made.
Examples. The Kerala Probation of Offenders Rules, 1960 and the Rajasthan Probation of Offenders Rules, 1962.

13. Section 18 — Saving of Certain Enactments, and Statutory Exclusions

Section 18, POA — Saving of operation of certain enactments

Nothing in this Act shall affect the provisions of section 31 of the Reformatory Schools Act, 1897, or sub-section (2) of section 5 of the Prevention of Corruption Act, 1947, or of any law in force in any State relating to juvenile offenders or borstal schools.

Section 31, Reformatory Schools Act, 1897. Saved; the special regime for youthful offenders prevails.
Section 5(2), Prevention of Corruption Act, 1947. Saved; the minimum sentence for criminal misconduct cannot be avoided by probation. Read today as the corresponding provisions of the 1988 Act (State v. Ratan Lal Arora, (2004) 4 SCC 590)
State laws on juvenile offenders and borstal schools. Saved; now read with the Juvenile Justice Act, 2015 for children.
Suppression of Immoral Traffic in Women and Girls Act, 1956. Originally saved; the reference was omitted by Act 46 of 1978.
Section 33, NDPS Act, 1985 (outside Section 18). Probation and Section 360 CrPC excluded, except for offenders under eighteen and offences under Sections 26 and 27.
Section 19, SC and ST (PoA) Act, 1989 (outside Section 18). Probation and Section 360 CrPC excluded for persons above eighteen convicted under that Act.

📖 State v. Ratan Lal Arora, (2004) 4 SCC 590

Held: A person convicted of an offence under the Prevention of Corruption Act, 1988 cannot be released on probation. Section 18 saves Section 5(2) of the 1947 Act, and by Section 8 of the General Clauses Act the reference is read as a reference to the corresponding provisions of the 1988 Act, which prescribe a minimum sentence.

Ratio: Probation is unavailable for corruption offences, and more generally cannot override a mandatory minimum sentence.

14. Section 19 — Displacement of the General Code Provision

Section 19, POA — Section 562 of the Code not to apply in certain areas

Subject to the provisions of section 18, section 562 of the Code shall cease to apply to the States or parts thereof in which this Act is brought into force.

Section 562 of the 1898 Code became Section 360 of the 1973 Code and is now Section 401 of the BNSS, 2023. Where the Act has been brought into force, the special law governs and the general provision ceases to apply, as the Supreme Court reiterated in Chellammal (2025). Where it has not, Section 401 BNSS continues to operate, and Section 402 BNSS requires the court to record special reasons if it does not extend the benefit of either provision.

Section 19: which probation law governs?

Figure 7: Section 19: which probation law governs?

	Probation of Offenders Act	Section 401 BNSS (formerly Section 360 CrPC)
Offences (adult male offenders aged 21 or more)	Any offence not punishable with death or life imprisonment	Offences punishable with fine only or imprisonment up to seven years
Offences (women and those under 21)	Same as above, with the added protection of Section 6 for those under 21	Any offence not punishable with death or life imprisonment
Previous conviction	Bars Section 3 only	Bars release
Supervision by probation officer	Yes, Section 4(3)	No provision
Probation officer's report	Section 4(2); mandatory under Section 6(2)	No provision
Compensation	Section 5	Through the general provisions on compensation
Removal of disqualification	Section 12	No provision
Where it applies	Areas where the Act is in force	Areas where the Act is not in force

15. Quick Revision and Memory Aids

'A Proper Court Yields Reform' for 3, 4, 5, 6, 7. Admonition (3), Probation (4), Compensation (5), Young offenders under 21 (6), Report confidential (7)
'Vary, Breach, Sureties, Courts, Disqualification' for 8 to 12. Variation (8), Breach (9), Sureties (10), Courts, appeal and revision (11), Disqualification removed (12)
'Officers: who, what, status, shield' for 13 to 16. Who is a probation officer (13), duties (14), public servant (15), good faith protection (16)
'Rules, Savings, Switch-off' for 17 to 19. Rules (17), Saving of enactments (18), Section 562 or 401 BNSS switched off (19)
'Five named: T, TD, TS, DM, C'. Section 3 offences: Theft, Theft in Dwelling, Theft by Servant, Dishonest Misappropriation of deceased's property, Cheating (379, 380, 381, 404, 420 IPC)
'2, 3, 1, 50, 21'. Two years for Section 3; three years maximum bond; one year minimum supervision; ₹50 penalty on first breach; age twenty-one for Section 6.
'Section 4: report if any; Section 6: report shall'. The report is considered if available under Section 4(2), but must be called for under Section 6(2)

16. Frequently Asked Questions

What is the difference between Section 3 and Section 4 of the Probation of Offenders Act?

Section 3 permits release after a mere admonition, without bond, for named property offences and offences punishable up to two years or fine, and only where there is no previous conviction. Section 4 permits release on a bond of good conduct for up to three years, with or without supervision, for any offence not punishable with death or life imprisonment.

What is the maximum period of probation under Section 4?

Three years. A supervision order under Section 4(3) must be for at least one year, and a variation under Section 8 cannot take the bond beyond three years from the original order.

Is the probation officer's report mandatory?

Under Section 6(2), for offenders under twenty-one, the court must call for it. Under Section 4(2), the court must consider the report if there is one, and the Supreme Court in Chellammal (2025) treated calling for it as a necessary step before deciding on probation.

What happens if the probationer breaks the bond?

Under Section 9, the court may sentence him for the original offence, or for a first failure impose a penalty up to ₹50 while the bond continues. Non-payment of the penalty exposes him to sentence.

Who can make an order under the Act?

Any court empowered to try and sentence the offender to imprisonment, and the High Court or any other court in appeal or revision (Section 11(1)).

Does Section 360 CrPC or Section 401 BNSS apply where the Act is in force?

No. Section 19 provides that the general provision ceases to apply in areas where the Act has been brought into force.

Which offences are excluded from probation?

Offences punishable with death or life imprisonment, offences under the NDPS Act (with limited exceptions), offences under the SC and ST (Prevention of Atrocities) Act by persons above eighteen, corruption offences by virtue of Section 18, and offences carrying a mandatory minimum sentence.

17. Related Topics and Provisions

Topic 1: Introduction and Basic Concepts. Object, history, concept of probation, effect on conviction.
Topic 3: Section 1, Short Title, Extent and Commencement. Territorial and temporal application of the Act.
Sections 401 and 402, BNSS, 2023. General provisions on probation and admonition
Sections 303, 305, 306, 315 and 318, BNS, 2023. The offences named in Section 3.
Section 2(28), BNS, 2023. Definition of public servant, applied by Section 15.
Juvenile Justice (Care and Protection of Children) Act, 2015. Children below eighteen.
Prevention of Corruption Act, 1988. Saved by Section 18.
Section 33, NDPS Act, 1985; Section 19, SC and ST (PoA) Act, 1989. Express exclusions.
Article 311(2), Constitution. Dismissal of civil servants on conviction; limits of Section 12.