Section 18 the Probation of offenders act, 1988
Section 18 of the Probation of Offenders Act, 1988 appears to be a clerical or mistaken reference, as the Probation of Offenders Act was enacted in 1958, not 1988. The Act contains Section 18, and here is the correct provision from the Probation of Offenders Act, 1958:
🔹 Section 18 – Saving of the provisions of Section 562 of the Code of Criminal Procedure, 1898
Text:
"Nothing in this Act shall affect the provisions of section 562 of the Code of Criminal Procedure, 1898 (5 of 1898), in their application to any case to which this Act does not apply."
🔍 Explanation:
Section 562 of CrPC, 1898 (now replaced by Section 360 of CrPC, 1973) allowed courts to release certain offenders on probation or after due admonition.
Section 18 of the Probation of Offenders Act, 1958 ensures that in cases where the Probation Act doesn’t apply, the older provision in CrPC (i.e., Section 562 of CrPC 1898) can still be used.
In short, it preserves the power of the court under the older CrPC law where the Act is not applicable.
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