Section 27 the Probation of offenders act, 1988
Section 27 β The Probation of Offenders Act, 1988
π Title: Procedure in case of offender failing to observe conditions of bond
π Bare Text of Section 27:
"If the court which passes an order under section 4 or section 5 in respect of an offender or any court which could have taken cognizance of the offence of which he is found guilty, has reason to believe that the offender has failed to observe any of the conditions of the bond executed by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and may, after hearing him, pass such sentence as it might have passed if the order had not been made."
π Explanation in Simple Terms:
Section 27 deals with situations where an offender who was released on probation under Section 4 (probation for good conduct) or Section 5 (release after admonition) violates the terms of the bond (i.e., conditions of release).
π Here's what the section allows:
Court Action on Violation:
If the court believes that the person has not followed the terms of probation (e.g., committed another offence, did not report to officer, etc.), it can:
Issue a warrant (to arrest him), or
Issue a summons (to call him to court).
Reconsideration of Sentence:
After giving the offender a chance to be heard, the court may cancel the earlier probation order, and
Impose the original sentence which the offender would have received if probation had not been granted.
βοΈ Purpose:
Ensures that probation is conditional, and not a free pass.
Maintains accountability of the offender while still giving them a chance to reform.
Gives the court power to revoke the benefit of probation if misused.
π§ββοΈ Example:
If a person is released on probation under Section 4 with the condition to stay away from criminal activity for 1 year but is caught stealing during that period:
The court can arrest or summon him,
Conduct a hearing,
And then sentence him as if he had never been given probation in the first place.
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