(A) On failure to observe any of the conditions of the bond entered into under Section 4 of the…
(A) is correct: under s.9(3) of the Probation of Offenders Act, 1958, if the offender fails to observe any condition of the bond, the court may sentence him for the original…
Choose your answer
(A) On failure to observe any of the conditions of the bond entered into under Section 4 of the Probation of Offenders Act, 1958, the court may sentence the offender for the original offence or, where the failure is for the first time, impose a penalty of up to fifty rupees.
(B) An offender above the age of 21 years cannot be released under Section 3 or Section 4 of the Probation of Offenders Act, 1958.
(C) If the offender fails to enter into a fresh bond required by the court under Section 8 of the Probation of Offenders Act, 1958, the court shall not sentence him for the offence of which he was found guilty.
(D) The amount of compensation ordered to be paid by the offender under Section 5 of the Probation of Offenders Act, 1958 can be recovered as a fine in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Which of the above is correct?
Answer and explanation
Correct answer D
(A) is correct: under s.9(3) of the Probation of Offenders Act, 1958, if the offender fails to observe any condition of the bond, the court may sentence him for the original offence or, where the failure is for the first time, impose a penalty not exceeding fifty rupees without prejudice to the continuance of the bond. (D) is correct: s.5(2) provides that compensation ordered under s.5(1) may be recovered as a fine under the fine-recovery provisions of the criminal procedure code, which are now ss.461 and 462 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly ss.386 and 387 of the Code of Criminal Procedure named in the Act). (B) is wrong: ss.3 and 4 have no upper age limit; the age of 21 matters only under s.6, which restricts imprisonment of offenders under 21. (C) is wrong: under s.8(2), if the offender refuses or fails to enter into a fresh bond, the court may sentence him for the offence of which he was found guilty. Hence "Statement (D) & (A)".