Section 20 the Probation of offenders act, 1988
๐ Section 20 โ The Probation of Offenders Act, 1988
(Explanation in Detail)
๐น Bare Provision (Section 20 โ Power to Make Rules):
Section 20. Power to make rules
The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
๐ Explanation:
Section 20 empowers the State Government to formulate rules necessary to implement the provisions of the Probation of Offenders Act, 1988 within their jurisdiction.
This includes:
Framing procedures for probation officers.
Guidelines for supervision and reports.
Conditions for probation release and monitoring.
Administrative and procedural forms to be used under the Act.
๐๏ธ Key Points:
Rule-making Authority: The State Government is the competent body.
Publication Requirement: Rules must be published in the Official Gazette to be valid.
Purpose: The rules must be for carrying out the purposes of the Act (i.e., probation system, supervision, rehabilitation, etc.).
Not Legislative: These are subordinate/delegated legislations โ they cannot override the main Act.
๐งพ Illustrative Example:
If a state like Maharashtra wants to introduce a rule that:
Every probation officer must file a monthly report on the conduct of each offender under probation.
They can notify such a rule under Section 20 in the Maharashtra Gazette.
โ๏ธ Judicial View:
Courts have upheld that rules under Section 20 are essential to fill procedural gaps and ensure uniformity in probation practices across states. However, such rules must not conflict with the main provisions of the Act.
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