(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)
View Answer
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.