A: On failure to observe any of the conditions of the bond entered under section 4 of the Probation of…
A is correct under section 9(3): after the statutory hearing, the court may sentence for the original offence or impose up to Rs. 50 for a first breach. B is wrong because…
Choose your answer
A: On failure to observe any of the conditions of the bond entered under section 4 of the Probation of Offenders Act, 1958, the Court is at discretion to sentence the offender for the original offence, or to impose a penalty upto rupees fifty in case of first failure.
B: An offender, above the age of twenty one years, cannot be granted probation under sections 3 and 4 of the Probation of Offenders Act, 1958.
C: On failure of the offender to enter a fresh bond on an order of 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 imposed on the offender under section 5 of the Probation of Offenders Act, 1958 can be recovered as fine in accordance with the provisions of Code of Criminal Procedure.
Which of the above is correct?
Answer and explanation
Correct answer D
A is correct under section 9(3): after the statutory hearing, the court may sentence for the original offence or impose up to Rs. 50 for a first breach. B is wrong because sections 3 and 4 are not limited to offenders below 21. C reverses section 8(2), which permits sentencing when a required fresh bond is refused or not furnished. D is correct because section 5(2) makes compensation recoverable as a fine. Thus statements D and A are correct.
Current law: The Probation of Offenders Act remains a separate statute. Its fine-recovery reference is read with the replacement criminal procedure and applicable savings; BNSS sections 461–462 now govern fine recovery, while section 531 protects qualifying pending proceedings. The age distinction in section 6 does not prohibit probation for older offenders.
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Rajasthan Judicial Services