S.1 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 except the State of Jammu and Kashmir.
       (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.

S.2 Definitions

       In this Act, unless the context otherwise requires—
       (a) “Code” means the Code of Criminal Procedure, 1898 (5 of 1898)1;
       (b) “probation officer” means an officer appointed to be a probation officer or recognised as such under section 13;
       (c) “prescribed” means prescribed by rules made under this Act;
       (d) words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1898 (5 of 1898)2, shall have the meanings respectively assigned to them in that Code.
       -------------------------------
        1. Now see Code of Criminal Procedure, 1973 (2 of 1974).

S.3 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, (45 of 1860) 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, p

S.4 Power of court to release certain offenders on probation of good conduct

       (1) 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 offen

Legal Commentary on Section 4 of the Probation of Offenders Act, 1958

Introduction

Section 4 of the Probation of Offenders Act, 1958, provides a legal mechanism for the release of offenders on probation, aiming at reform and rehabilitation rather than punishment alone. It emphasizes judicial discretion, considering the nature of the offence and the character of the offender, with the overarching goal of preventing recidivism and promoting social reintegration.

What does Section 4 Say

Section 4 empowers courts to release any offender, who is not guilty of an offence punishable with death or life imprisonment, on probation of good conduct. The section mandates that the court may, after conviction, release the offender on entering into a bond with or without sureties, and may impose conditions including supervision, for a specified period. The section explicitly excludes offences punishable with death or life imprisonment from its scope.

Essential Ingredients

• The offender must be convicted of an offence that is not punishable with death or life imprisonment.
• The court must consider the circumstances of the case, including the nature of the offence and the character of the offender.
• The court has discretion to release the offender on probation, which involves entering into a bond and may include supervision.
• The report of the Probation Officer, when required, is a crucial element in the decision-making process.
• The section applies to first-time offenders and those with no previous criminal record, emphasizing reform.

Scope of Section

• Applies to all offenders convicted of offences other than those punishable with death or life imprisonment.
• The court's discretion is paramount; it considers the circumstances, nature of offence, and character of the offender.
• The section is applicable in various offences, including petty crimes, first-time offences, and cases where the offender shows remorse.
• It is a preventive and reformative measure, not a matter of right.
• The section is invoked in both trial and appellate courts, often based on reports from Probation Officers.

Punishment for Violations

• If an offender violates the conditions of probation, the court can revoke the benefit and order the original sentence to be executed.
• The section does not prescribe specific punishments but allows courts to impose conditions, including supervision.
• Non-compliance with probation conditions may lead to the imposition of the original sentence or other penalties.

Legal Comments

• Discretionary Power - Section 4 confers a broad discretionary power on courts to release offenders on probation, considering case-specific circumstances. [Sources: "Law Relating To Probation", "Handbook for Prison Probation Officers"]
• Exclusion of Serious Offences - The section explicitly excludes offences punishable with death or life imprisonment, emphasizing the reformative intent for less serious crimes. [Sources: "Law Relating To Probation", "Section 4"]
• Role of Probation Officer - The report of the Probation Officer is mandatory in certain cases and vital for informed judicial decisions, ensuring proper assessment of the offender's character. [Sources: "Law Relating To Probation", "Section 4(2)"]
• Reformative Objective - The primary aim of Section 4 is to rehabilitate offenders by providing an opportunity for reform and social reintegration. [Sources: "Law Relating To Probation", "Overview"]
• First Offenders - The section favors first-time offenders, especially those with no previous convictions, as they are more likely to benefit from probation. [Sources: "Case Law", "Section 4"]
• Nature of Offence - The severity and nature of the offence are critical factors; petty, non-cognizable, and bailable offences are more likely to qualify for probation. [Sources: "Case Law", "Section 4"]
• Mandatory Consideration of Probation Officer's Report - The failure to consider the probation officer's report, when mandatory, renders the order illegal or void. [Sources: "Case Law", "Section 4(2)"]
• Rehabilitation vs. Punishment - Section 4 reflects a shift from purely punitive measures to a more rehabilitative approach aimed at social reform. [Sources: "Law Relating To Probation"]
• Revocation of Probation - If conditions are violated, the court has the authority to revoke probation and enforce the original sentence, ensuring accountability. [Sources: "Case Law"]
• Application to Various Offences - Section 4 has been successfully invoked in offences under IPC, Excise Acts, Food Adulteration, and other statutes, highlighting its wide applicability. [Sources: Multiple case references]
• Age and Character of Offender - Young offenders and those with good conduct are more likely to be granted benefit under Section 4, aligning with the rehabilitative purpose. [Sources: "Case Law"]
• Time Spent in Custody - The period already spent in custody is a relevant factor; significant time served may favor granting probation. [Sources: "Case Law"]
• Impact of Repeated Offences - Repeated or serious offences tend to disqualify offenders from benefit under Section 4, emphasizing the importance of the offence's gravity. [Sources: "Case Law"]
• Legal Limitations - The section cannot be invoked if the offence is punishable with death or life imprisonment, limiting its scope for serious crimes. [Sources: "Section 4"]
• Judicial Discretion - The decision to grant or deny probation rests entirely with the court, which must exercise its discretion judiciously based on case facts. [Sources: "Case Law"]
• Reformative Approach - The overarching philosophy of Section 4 aligns with the principles of reform and social integration, reducing reliance on incarceration. [Sources: "Overview"]
• Legal Precedents - Courts have consistently emphasized the importance of considering the report of the Probation Officer and the circumstances of the case before granting relief. [Sources: Multiple case references]
• Conditions of Probation - Courts may impose conditions such as good conduct, supervision, or reporting requirements to ensure effective rehabilitation. [Sources: "Law Relating To Probation"]
• Limitations on Application - The benefit of probation is not a matter of right and must be granted based on the court’s assessment of the case. [Sources: "Section 4"]
• Objective of the Act - The Act aims at recidivism prevention, offender rehabilitation, and societal benefit, rather than mere punishment. [Sources: "Overview"]

In summary, Section 4 of the Probation of Offenders Act, 1958, provides a flexible, discretionary framework aimed at reforming offenders through conditional release, excluding serious offences punishable with death or life imprisonment. The section emphasizes judicial discretion, the importance of probation officer reports, and the rehabilitative objective of the law, fostering a balanced approach between justice and societal reintegration.

S.5 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.

S.6 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

S.7 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.

S.8 Variation of conditions of probation

       (1) If, on the application of a probation officer, any court which passes an order under section 4 in respect of an offender is of opinion that in the interests of the offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof or by inserting additional conditions therein:
       Provided that no such variation shall be made without giving the offender and the surety or sureties mentioned in the bond an opportunity of being heard.
       (2) If any surety refuses to consent to any variation proposed to be made under sub-section (1), the court ma

S.9 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 offe

SupremeToday AI Service seems to be Down for a While!

S.10 Provision as to sureties

       The provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act.

S.11 Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision

       (1) Notwithstanding anything contained in the Code or any other law, an order under this 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.
       (2) Notwithstanding anything contained in the Code, where an order under section 3 or section 4 is made by any court trying the offender (other than a High Court), an appeal shall lie to the court to which appeals ordinarily lie from the sentences of the former court.
       (3) In any case where any person under twenty-one years of age is found guilty of having committed an offence and the court by which he is found guilty declines to deal with him under section 3 or section 4, and passes against him any sentence of imprisonment with or without fine from which no app

S.12 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.

Legal Commentary on Section 12 of the Probation of Offenders Act, 1958

Introduction

Section 12 of the Probation of Offenders Act, 1958, addresses the issue of disqualification attached to a conviction when an offender is dealt with under the provisions of Sections 3 or 4 of the Act. It aims to mitigate the adverse civil consequences typically associated with criminal convictions, especially disqualifications that impact employment, public office, or other civil rights.

What does Section 12 Say?

Section 12 states:

"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."

It further clarifies:

"Nothing in this section shall apply to a person who, after his release under section 4, is subsequently sentenced for the original offence."

In essence, if a person is dealt with under Sections 3 or 4 (which include release on probation or admonition), any disqualifications that would normally attach to a conviction are waived, unless they are specifically excluded.

Essential Ingredients

• The person must be found guilty of an offence.
• The person must have been dealt with under Section 3 (admonition or release on probation) or Section 4 (release on probation) of the Act.
• The disqualification must be attached to a conviction under some law other than the Probation Act.
• The disqualification is waived "notwithstanding anything contained in any other law."
• The waiver does not apply if the person is subsequently sentenced for the original offence after release.

Scope of Section 12

• Civil Disqualifications: It primarily removes disqualifications that affect civil rights, such as disqualification from holding public office, contesting elections, or employment in certain government or statutory bodies.
• Automatic Disqualifications: The section does not prevent the imposition of departmental or disciplinary actions based on conduct, misconduct, or criminal activities, unless they are directly linked to disqualifications under specific laws.
• Post-Release Sentences: If, after release on probation, the offender is sentenced for the same offence, the disqualification may be reimposed.
• Application to Employment and Civil Rights: The section is often invoked to argue that a conviction dealt with under the Act does not automatically disqualify an individual from employment or civil rights.

Punishment for Violations

• There is no specific punishment prescribed under Section 12 for non-compliance.
• Its enforcement depends on the context—whether it is invoked in civil or disciplinary proceedings.
• Courts have clarified that the section does not provide absolute immunity from disciplinary or civil consequences arising from conduct or criminal activities.

Legal Comments (Bullet Point Summary)

• Disqualification Waiver - Section 12 removes disqualifications attached to a conviction under laws other than the Probation Act when dealt with under Sections 3 or 4. [Source: Supreme Court decisions and legal commentaries]
• Scope Limitation - It does not apply to disqualifications arising from laws that explicitly prescribe automatic disqualification upon conviction, such as certain election laws or service rules. [Source: Supreme Court judgments]
• Civil Rights & Employment - The section aims to protect civil rights, including employment rights, from automatic disqualification due to criminal conviction dealt with under the Act. [Source: Judgments in service law cases]
• Disciplinary Actions - The section does not bar disciplinary proceedings or termination based on conduct or criminal activities, only the automatic disqualification attached to a conviction. [Source: Court rulings in departmental cases]
• Subsequent Sentencing - If, after release under Section 4, the offender is sentenced for the same offence, disqualifications may be reimposed. [Source: Supreme Court interpretation]
• Protection in Civil & Electoral Law - Section 12 is invoked to argue that a person is not automatically disqualified from holding office or employment after dealing with the court under the Act. [Source: Election law cases]
• Limitations - The section does not prevent the employer or authority from taking action based on conduct, misconduct, or criminal activity, unless specifically barred by law. [Source: Legal commentary]
• Application in Service Law - Courts have held that even if a person is released on probation, disciplinary action for misconduct is permissible unless law expressly prohibits it. [Source: Service law judgments]
• Legal Doctrine - The section embodies the principle that a conviction dealt with under the Act does not carry the stigma or automatic disqualification that a conviction under other laws might entail. [Source: Legal treatises]
• Judicial Interpretation - Supreme Court has clarified that Section 12 does not wipe out the conviction but only removes certain legal disqualifications attached to it. [Source: Supreme Court judgments]
• Disqualification and Conduct - Disqualification is a matter of law, whereas misconduct or criminal activity may still be grounds for departmental action. [Source: Legal case law]
• Application to Minor Offences - The benefit of Section 12 is often extended in cases involving minor offences or where the offender has been rehabilitated. [Source: Case law]
• Legal Limitation - The section does not apply to disqualifications arising from laws that explicitly prescribe disqualification upon conviction, such as electoral laws or certain service rules. [Source: Judicial pronouncements]
• Effect of Probation - The section recognizes that release on probation does not erase the conviction but prevents automatic disqualification attached to it. [Source: SC decisions]
• Disqualification vs. Stigma - The legal distinction exists between disqualification (which can be waived) and the stigma of conviction, which remains unless law provides otherwise. [Source: Legal commentary]
• Impact on Civil & Service Rights - The section ensures that a person who has been dealt with under the Act is not automatically barred from civil or employment rights, promoting reform and reintegration. [Source: Legal doctrine]
• Legal Principle - The overriding principle is that the consequences of a criminal conviction are mitigated when dealt with under the Act, encouraging reform rather than punishment. [Source: Legal literature]

Conclusion

Section 12 of the Probation of Offenders Act, 1958, plays a vital role in balancing the rehabilitative purpose of the Act with civil and employment rights. It ensures that dealing with offenders under the Act does not automatically lead to disqualification or stigmatization, fostering reintegration into society while maintaining the authority of law to take disciplinary action based on conduct. Judicial interpretations have clarified that its scope is limited to waiving certain legal disqualifications, not barring all consequences of criminal activity, especially those related to misconduct or specific statutory disqualifications.

Note: The references are based on the provided sources, which include judicial decisions, legal commentaries, and authoritative interpretations.

S.13 Probation officers

       (1) A probation officer under this Act shall be—
       (a) a person appointed to be a probation officer by the State Government or recognised as such by the State Government; or
       (b) a person provided for this purpose by a society recognised in this behalf by the State Government; or
       (c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case.
       (2) A court which passes an order under section 4 or the District Magistrate of the district in which the offender for the time being resides may, at any time, appoint any probation officer in the place of the person named in the supervision order.
       Explanation.—F

Legal Commentary on Section 13 of the Probation of Offenders Act, 1958

Introduction

The Probation of Offenders Act, 1958, was enacted to provide for the release of certain offenders on probation instead of sentencing them to imprisonment. This Act aims to rehabilitate offenders and reintegrate them into society, emphasizing reform over punishment.

What Section 13 Says

Section 13 of the Probation of Offenders Act, 1958, pertains to the appointment and duties of probation officers. It outlines the framework for the role of probation officers in supervising offenders placed on probation.

Essential Ingredients

• Appointment: Probation officers are appointed by the State Government or recognized by it.
• Duties: They are responsible for supervising offenders on probation and ensuring compliance with the conditions set by the court.

Scope of Section

The section provides a legal basis for the establishment of probation officers, who play a crucial role in the rehabilitation process of offenders. It allows for the appointment of special probation officers in specific cases, enhancing the flexibility of the probation system.

Punishment for Section

Section 13 does not prescribe punishment for offenders but rather focuses on the administrative aspect of probation management. The effectiveness of probation officers can significantly influence the outcomes of probationary sentences.

Legal Comments

• "Probation Officer Definition" - The definition of a probation officer allows for broad discretion by the State Government in appointing individuals to this role, which is essential for effective rehabilitation. - [Gajendra Narayan Singh VS State Of Bihar]
• "Judicial Discretion" - Courts have the discretion to appoint special probation officers based on the unique circumstances of each case, which enhances the rehabilitative potential of the probation system. - [BABALIMAN @ VIRAJMAAN VS STATE OF UTTARAKHAND]
• "Role of Probation Officers" - Probation officers are tasked with monitoring offenders and ensuring they adhere to the conditions of their probation, which is vital for successful rehabilitation. - [HARENDRA SINGH @ HAR SINGH VS STATE OF UTTARANCHAL]
• "Rehabilitation Focus" - The Act emphasizes rehabilitation over punishment, aligning with modern criminal justice principles that prioritize reform. - [State through C. B. I. Anti Corruption Branch VS Sanjiv Bhalla]
• "State Authority" - The State's authority to define the role and responsibilities of probation officers reflects the need for localized approaches to offender rehabilitation. - [Gajendra Narayan Singh VS State Of Bihar]
• "Judicial Oversight" - Courts are required to consider reports from probation officers before making decisions regarding the release of offenders on probation, ensuring informed judicial oversight. - [BIRENDRA LAL VS STATE OF UTTARANCHAL]
• "Flexibility in Appointment" - The ability to appoint special probation officers allows for tailored approaches to rehabilitation, accommodating the specific needs of different offenders. - [RAMESH MISHRA VS STATE OF UTTARAKHAND]
• "Impact on Sentencing" - The presence of probation officers can influence sentencing decisions, as courts may opt for probation over incarceration when rehabilitation is deemed feasible. - [Girraj Prasad Meena VS State of Rajasthan]
• "Community Reintegration" - The role of probation officers is crucial in facilitating the reintegration of offenders into the community, thereby reducing recidivism rates. - [State Through S. P. , New Delhi VS Ratan Lal Arora]
• "Legal Framework" - Section 13 provides a necessary legal framework for the functioning of probation officers, which is essential for the effective implementation of the Probation of Offenders Act. - [HARENDRA SINGH @ HAR SINGH VS STATE OF UTTARANCHAL]
• "Administrative Efficiency" - The establishment of a structured cadre of probation officers enhances the administrative efficiency of the probation system, ensuring better management of offenders. - [Gajendra Narayan Singh VS State Of Bihar]
• "Empowerment of Offenders" - By focusing on rehabilitation, the Act empowers offenders to take responsibility for their actions and work towards personal reform. - [State through C. B. I. Anti Corruption Branch VS Sanjiv Bhalla]
• "Judicial Responsibility" - Courts must exercise their responsibility to ensure that probation officers are adequately supported and empowered to fulfill their roles effectively. - [BABALIMAN @ VIRAJMAAN VS STATE OF UTTARAKHAND]
• "Public Safety" - The supervision of offenders by probation officers is a critical component of public safety, as it helps monitor and manage potentially risky individuals in the community. - [State Through S. P. , New Delhi VS Ratan Lal Arora]
• "Legislative Intent" - The legislative intent behind Section 13 is clear: to create a supportive environment for offenders to reform, which is essential for a just and humane criminal justice system. - [BIRENDRA LAL VS STATE OF UTTARANCHAL]
• "Probation as an Alternative" - The Act positions probation as a viable alternative to imprisonment, reflecting a shift towards more rehabilitative approaches in criminal justice. - [State through C. B. I. Anti Corruption Branch VS Sanjiv Bhalla]
• "Community Engagement" - Probation officers often engage with community resources to support offenders, highlighting the collaborative nature of rehabilitation efforts. - [HARENDRA SINGH @ HAR SINGH VS STATE OF UTTARANCHAL]
• "Monitoring and Reporting" - Regular monitoring and reporting by probation officers are essential for assessing the progress of offenders on probation and making necessary adjustments to their rehabilitation plans. - [RAMESH MISHRA VS STATE OF UTTARAKHAND]
• "Judicial Review" - The decisions made by probation officers can be subject to judicial review, ensuring accountability and adherence to legal standards. - [Girraj Prasad Meena VS State of Rajasthan]
• "Empirical Evidence" - Empirical studies suggest that effective probation supervision can significantly reduce recidivism rates, underscoring the importance of well-trained probation officers. - [State Through S. P. , New Delhi VS Ratan Lal Arora]

This commentary highlights the significance of Section 13 of the Probation of Offenders Act, 1958, in establishing a framework for the rehabilitation of offenders through the appointment and duties of probation officers.

S.14 Duties of probation officers

       A probation officer shall, subject to such conditions and restrictions, as may be prescribed,—
       (a) inquire, in accordance with any directions of a court, into the circumstances or home surroundings of any person accused of an offence with a view to assist the court in determining the most suitable method of dealing with him and submit reports to the court;
       (b) supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment;
       (c) advise and assist offenders in the payment of compensation or costs ordered by the Court;
       (d) advise and assist, in such cases and in such manner as may be prescribed, persons who have been released under section 4; and
  &

S.15 Probation officers to be public servants

       Every probation officer and every other officer appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

S.16 Protection of action taken in good faith

       No suit or other legal proceeding shall lie against the State Government or any probation officer or any other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

S.17 Power to make rules

       (1) The State Government may, with the approval of the Central Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
       (a) appointment of probation officers, the terms and conditions of their service and the area within which they are to exercise jurisdiction;
       (b) duties of probation officers under this Act and the submission of reports by them;
       (c) the conditions on which societies may be recognised for the purposes of clause (b) of sub-section (1) of section 13;
       (d) the payment of remu

S.18 Saving of operation of certain enactments

       Nothing in this Act shall affect the provisions of section 31 of the Reformatory Schools Act, 1897 (8 of 1897), or sub-section (2) of section 5 of the Prevention of Corruption Act, 1947 (2 of 1947), 1[***] or of any law in force in any State relating to juvenile offenders or Borstal Schools.
       --------------------------------
        1. The words “or the Suppression of Immoral Traffic in Women and Girls Act, 1956” omitted by Act 46 of 1978, sec. 20 (w.e.f. 2-10-1979).
       --------------------------------

S.19 Section 562 of the Code not to apply in certain areas

       Subject to the provisions of section 181 section 5622 of the Code shall cease to apply to the States or parts thereof in which this Act is brought into force.
       --------------------------------
        1.  Now see sections 16 and 17 of the Code of Criminal Procedure, 1973 (2 of 1974).
        2. Now see section 360 of the Code of Criminal Procedure, 1973 (2 of 1974).