The Probation Of Offenders Act MCQ: Practice Questions & Answers (English) - ObjectiveMcq

The Probation Of Offenders Act : Practice Questions and Answers

Browse topic-based The Probation Of Offenders Act practice sets.

5 practice sets · Page 1 of 1

The Probation Of Offenders ActEasyProbation Officer Duties

Which of the following is NOT a duty of a Probation Officer under the Probation of Offenders Act, 1958?

To supervise probationers and endeavour to find them suitable employment

To advise and assist offenders in payment of compensation or costs ordered by the court

To inquire into the circumstances or home surroundings of any person accused of an offence

To arrange for lodging and boarding of the probationers

Correct Answer:

(D) To arrange for lodging and boarding of the probationers

Explanation:

Under Section 14 of the Probation of Offenders Act, 1958, the duties of a Probation Officer include inquiring into circumstances of accused persons, supervising probationers and finding them suitable employment, and advising offenders on payment of compensation or costs. Arranging lodging and boarding for probationers is not prescribed as a duty under Section 14.

The Probation Of Offenders ActEasyRule Making Power

Who has the power to frame rules under Section 17 of the Probation of Offenders Act, 1958?

State Government with the approval of Central Government

Central Government with the consent of State Government

High Court

All of the above

Correct Answer:

(A) State Government with the approval of Central Government

Explanation:

Under Section 17(1) of the Probation of Offenders Act, 1958, the State Government may, with the approval of the Central Government, make rules by notification in the Official Gazette to carry out the purposes of the Act. Such rules may cover appointment, terms, and duties of probation officers, recognition of societies, payment of remuneration, and other prescribed matters; all rules are subject to prior publication and must be laid before the State Legislature.

The Probation Of Offenders ActMediumProbation Officer Report

Under which provision of law is the Court, while considering the case of a person convicted for an offence not punishable with death or imprisonment for life, obligated to consider the report of the Probation Officer?

Section 9 of the Probation of Offenders Act

Section 7 of the Probation of Offenders Act

Section 4 of the Probation of Offenders Act

None of the above

Correct Answer:

Explanation:

Section 4(2) of the Probation of Offenders Act, 1958 mandates that before making any order under Section 4(1) — releasing an offender on probation of good conduct — the Court shall take into consideration the report of the Probation Officer concerned in relation to the case. Section 4(1) applies to offences not punishable with death or imprisonment for life, and allows release on bond, with or without sureties, for a period not exceeding three years.

The Probation Of Offenders ActHardProbation Conditions Compensation

(A) On failure to observe any condition of the bond entered under Section 4 of the Probation of Offenders Act, 1958, the Court may sentence the offender for the original offence, or impose a penalty up to ₹50 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 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 under Section 5 of the Probation of Offenders Act, 1958 can be recovered as fine in accordance with the provisions of the Code of Criminal Procedure.

Which of the above statements is/are correct?

Statements (A) and (B)

Statements (B) and (C)

Statements (C) and (D)

Statements (D) and (A)

Correct Answer:

(D) Statements (D) and (A)

Explanation:

Statement (A) is correct: under Section 9(3) of the Act, on breach of bond conditions, the Court may sentence the offender for the original offence or, for a first failure, impose a penalty not exceeding ₹50. Statement (D) is correct: under Section 5(2), compensation ordered under Section 5(1) may be recovered as a fine under Sections 386 and 387 of the CrPC. Statements (B) and (C) are incorrect — the Act imposes no upper age bar for probation, and Section 8 empowers the Court to sentence the offender if a fresh bond is not entered.

The Probation Of Offenders ActMediumCase Laws

In which leading case did the Hon'ble Supreme Court hold that the benefit of Section 3 or Section 4 of the Probation of Offenders Act, 1958 is subject to the limitations in these provisions, and that 'may direct' in Section 4 does not mean 'must direct'?

State of Gujarat v V.A. Chouhan (AIR 1983 SC 359)

Phul Singh v. State of Haryana (AIR 1980 SC 249)

Ram Prakash v. State of Himachal Pradesh (AIR 1973 SC 780)

Smt. Devki v. State of Haryana (AIR 1979 SC 1948)

Correct Answer:

Explanation:

In Ram Prakash v. State of Himachal Pradesh (AIR 1973 SC 780), the Supreme Court held that Sections 3 and 4 of the Probation of Offenders Act, 1958 are not mandatory, as they use the word 'may' rather than 'must', meaning courts have discretion in granting probation. In Phul Singh v. State of Haryana (AIR 1980 SC 249), the Court further clarified that Section 4 should neither be applied as undue leniency nor invoked in undeserving cases.