Section 7 the Probation of offenders act, 1988
Section 7 β The Probation of Offenders Act, 1988
(Note: The correct and operative legislation is The Probation of Offenders Act, 1958, not 1988. It's likely you meant 1958, as there is no central Act titled "Probation of Offenders Act, 1988". Assuming you meant 1958, here is the explanation.)
π Section 7 β Report of Probation Officer to be Confidential
(Under the Probation of Offenders Act, 1958)
π§Ύ Bare Act Language:
The report of a Probation Officer shall be treated as confidential but the Court may, if it so thinks fit, communicate the substance thereof to the offender and shall do so if the offender so requests.
β Explanation:
Confidential Nature:
Any report submitted by a Probation Officer to the court regarding an accused person (like his background, conduct, family situation, etc.) is to be kept confidential.
Discretion of Court:
The Court has discretion to decide whether or not to reveal the contents or summary of the report to the offender.
Right of the Offender:
If the offender formally requests the report or its contents, the Court is obliged to share the substance of it.
π Purpose:
This section ensures:
Sensitive information (especially about the offenderβs personal life or rehabilitation prospects) is handled with care.
Fairness to the offender by allowing them to know what's being said about them, especially if it affects their sentence or probation.
π§ββοΈ Example:
Suppose an accused is being considered for release on probation. The Probation Officer submits a report stating that the accused has a history of drug abuse.
The Court may decide not to share the full report.
But if the accused requests to know what the report says about him, the Court must share the summary or essence of the findings.
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