Probation Of Offenders Act: Is It To save The Celebrities?

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After 14 years of the bomb explosions in Bombay, the trial has begun. The judge has started giving judgments. Despite so many documents, tremendous complications and other pressures the trial has been proceeding in a legal manner for which Judge Pramod Kode deserves compliments.

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Sanjay Dutt has given a star value to this trial and it has become a subject of discussion in all the media. They are giving every minute details of the Bombay bomb explosion trial as it has become salable thing for them. After Sanjay Dutt filed an application before the court for reducing his sentence under the Probation of Offenders Act, four other accused persons have made a similar application asking for similar treatment.

The probation officers were busy recording Sanjay Dutt's observations for few days. Now they have submitted there report about Sanjay Dutt's behaviour. Irrespective of whether that report is favourable or unfavourable, will have no bearing on the judgment of the court because the Court will accept it as corroborative evidence. Judge Pramod Kobe has declared that the Court can take an independent point of view while delivering the judgment.

One good thing that has happened through this process is very important while considering the access to justice for the poor. It is the Probation of Offenders Act, 1958, a neglected law has become a subject for discussion.

Under Section 3 of this Act if a person has committed an offense for the first time and if the offense does not have a sentence of more than 2 years (like sections 379,380,381,404,420 of the IPC) he can be acquitted after giving an admonition. For those offenses which do not have the sentence of death or life imprisonment, the accused can be acquitted under section 4.

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In fact this law should be used for poor prisoners though it is not so on the present scenario. To apply the Probation of Offenders Act, it is necessary to have an understanding of the law and to have the willingness to apply this law to the poor people. These days the judges do not apply their own mind in understanding the law. Especially the judicial magistrate first classes (J.M.F.C.'s) are hesitant to study the law and use their authorities. The lawyers also are reluctant to learn about the new laws. Due to that the whole judiciary is reluctant to understand and apply the probation of Offenders Act, 1958.

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This picture can be changed. It will be easy to change the picture once the laws are understood from a social point of view. The Committee that is taking periodical reviews of the work of the Judges should look into this matter. The points should be given to the judges who are using the law with social responsibility. The parameters of measurement of the work style needs to be change if we wish to implement the social legislations like 'The Probation of Offenders Act 1958' in its true spirit.