Can a person be released if found guilty ?

                        Yes, a person can be released only after a warning if he is found guilty of an offence. The Probation of Offenders Act provides the power to a court to release such convicted persons. This act came into force in the year 1958. It is applicable in a state only after a state government makes notification in this regard.

When a convicted person can be released ?

                        1)    When any person is found guilty of having committed an offence which is :

• u/s 379 or 380 or 381 or 404 or 420 of the Indian Penal Code or
• punishable with imprisonment not more than 2 years or fine or both
• has no previous convictions

                   The court instead of sentencing him can release him after due admonition (warning).

                       2)   When any person is found guilty of an offence in which punishment is not death or imprisonment for life, the court after considering the nature of offence and the character of the offender can release him. The court will release him only when :

• guilty person enters into a bond with or without sureties.

• remaining imprisonment is not more than three years.

                        The court can consider the report of probation officer at the time of his release.The court can pass supervision order under which the person will remain under the supervision of probation officer named for at least one year. The court can order the offender to pay compensation and costs to the victim of the case (section 3, 4, 5).

When age of offender is less than 21 years ?

                        When any person under the age 21 years is found guilty of an offence punishable with imprisonment but not for life, the court will have to explain the reasons for sentencing him with imprisonment that he does not fulfils the conditions explained above.

Probation Officer and his duties :

                       The person appointed by the state government or in exceptional cases, court thinks a person fit to act is called probation officer.
                       A court or District Magistrate of the district  may appoint a person as probation officer from the place where the offender resides.
                       Every probation officer so deputed will be deemed to be a public servant/government employee.
                       The following are the duties of the probation officer :

• inquire into the circumstances or home surroundings of the offender and submit report to the court.
• supervise person under probation.
• advise and assist offender in the payment of compensation or cost offered by court.
• perform other duties as prescribed.