Section 9 the Probation of offenders act, 1988
Section 9 of the Probation of Offenders Act, 1988 (Note: there is no 1988 version officially enacted; it's likely you're referring to the Probation of Offenders Act, 1958 – the actual central law in force. If you meant a state amendment, please specify.)
Section 9 – Procedure in case of offender failing to observe conditions of bond
This section deals with what happens if a person who has been released on probation under a bond fails to comply with the conditions of that bond.
Text (as per the 1958 Act):
If the court, which passes an order under Section 4 or Section 6 in respect of an offender or any court which could have dealt with the offender in respect of his original offence, is satisfied by information received from a probation officer or otherwise, that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him to appear before it.
The court may, after hearing the case, either—
(a) warn him and allow him to continue on the same bond, or
(b) impose a penalty as per the bond, or
(c) sentence him for the original offence.
Explanation:
If the offender breaks any terms of their bond (e.g., failing to report to a probation officer, committing another offence, etc.), the court can take action.
The court has the discretion to either:
Allow the person to continue probation with just a warning,
Penalize them according to the bond’s conditions,
Or cancel the probation and impose the original sentence for the offence.
Purpose:
This section ensures that the leniency offered by the Act is not misused. It provides a way to enforce accountability without being immediately punitive.
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