The question (15 marks)
Explain the scheme of the Probation of Offenders Act 1958. How does it differ from section 360 of the Code of Criminal Procedure, and when will the benefit of the Act be refused? (15 marks)
MU Module IV, probation; chapter on prisons, correction, probation and parole, and the composite study on probation and parole.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Correction of Offenders, Probation, Parole and Victimology of Criminology and Penology.
Authorities you will need
- Probation of Offenders Act 1958, sections 3, 4, 5, 6, 8, 9, 11, 12 and 13 to 15
- Code of Criminal Procedure 1973, sections 360 and 361
- Abdul Qayum, on the failure to apply the mind to the requirements of the Act
- Dalbir Singh, on the nature of the offence and the meaning of expedient
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.