Section 6 the Probation of offenders act, 1988
Section 6 – The Probation of Offenders Act, 1988
(Please note: The actual Probation of Offenders Act was enacted in 1958, and not in 1988. There seems to be a typographical or reference error with the year "1988". If you're referring to any amendment or a different act from 1988, kindly clarify.)
Section 6 of the Probation of Offenders Act, 1958 (often cited mistakenly as 1988)
Section 6 – Restrictions on imprisonment of offenders under twenty-one years of age
Text of the Section:
(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 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 character and physical and mental condition of the offender.
Explanation in Simple Terms:
This section provides special protection for young offenders (those below 21 years of age).
The court should avoid giving jail sentence unless absolutely necessary.
Instead, the offender should ideally be released:
After admonition (Section 3), or
On probation with certain conditions (Section 4).
If the court decides to give a jail sentence, it must:
Clearly explain the reasons in the judgment.
Take a report from a Probation Officer regarding the young person’s character, background, etc., before making the decision.
Purpose of Section 6:
To promote reformative justice for young people by giving them a chance to rehabilitate rather than being imprisoned, which might worsen their behavior or social standing.
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