Criminal Manual 283 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

In exercise of the powers conferred by section 17 of the Probation of Offenders Act, 1958, the Government of Gujarat has framed "Gujarat Probation of Offenders Rules, 1973". The said rules are published in Gujarat Government Gazette, Part IV-A, vide notification dated 17th January 1973, at page 174. The rules provide for the appointment or recognition, area of jurisdiction of the Probation Officer, general attitude of the Probation Officer and qualification of the Probation Officer, disciplinary action against the Probation Officer provided by the Society, duties of the Probation Officer, inquiry and report by the Probation Officer, recognition of society, subsidy to society, etc. Rule 14 provides as to how the Probation Officer should behave with the person put under the supervision and which report to be submitted by him to the Court.

(f) The probation officer shall also take such action as he deems necessary for better regulation of the conduct and mode of life of the probationer or for closer supervision over him.

(2) The Probation Officer shall, if the circumstances of the case so require, make an application under sub-section (1) of Section 8 or, as the case may be, sub-section (3) thereof.

(3) The probation officer shall make report to the Court having jurisdiction of any circumstances which is likely to lead to the belief by the Court in the offender's failure to observe any of the conditions of the bond or bonds entered into by the offender.

(4) The probation officer shall from time to time report to the Court which released the offender under his supervision—

(a) Cases where conditions of the supervision order or bond are not adhered to, which would include inter-alia,—

(i) the probationer changing his residence;

(ii) any fresh offence committed by the probationer;

(iii) any serious violation of the conditions of the supervision order and;

(iv) any plan of the probationer to abscond;

(b) any attempt by any person to aid or abet the probationer in commission of crime or otherwise influence him so as to adversely affect his conduct and reformation and (c) The factors, if any, obstructing the rehabilitation of the probationer.

(5) The probation officer shall assist the probationer's rehabilitation in society so that he does not revert to crime. For this purpose the probation officer shall endeavour to secure for the probationer :

(a) training facilities, (b) employment opportunities, (c) subject to the provision of sub-rule (10) any necessary financial aid, and (d) contacts and associations with normal individuals and congenial organisations like Boy Scouts, Government guides, Youth Organisations, etc.

(6) The probation officer shall try to maintain constant touch with discharged probationers to follow up the process made by them towards their rehabilitation, for such periods as he deems necessary.

(7) The probation officer shall participate, wherever possible in after care schemes and organisations,

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