THE PROBATION OF OFFENDERS ACT, 1958 MCQs for All State Judiciary Exams
1. Power of
court to require released offenders to pay compensation and costs is provided
in section____ of The Probation of Offenders Act, 1958
A.
Section 4
B.
Section 2
C. Section 5
D.
Section 3
2. Which
section of The Probation of Offenders Act, 1958 deals with the Power of the court to release certain
offenders after admonition?
A.
Section 1
B. Section 3
C.
Section 4
D.
Section 2
3. Which
section of The Probation of Offenders Act, 1958 deals with Protection of action
taken in good faith ?
A. Section 16
B.
Section 14
C.
Section 13
D.
Section 18
4. Section 19
of The Probation of Offenders Act, 1958 deals with_______?
A.Duties
of probation officers
B. Section 562 of the
Code not to apply in certain areas.
C.Removal
of disqualification attaching to conviction
D.
Protection of action taken in good faith
5. Saving of
operation of certain enactments is provided in section____ of The Probation of
Offenders Act, 1958
A.
Section 14 of The Probation of Offenders Act, 1958
B.
Section 12 of The Probation of Offenders Act, 1958
C. Section 18 of The
Probation of Offenders Act, 1958
D.
Section 13 of The Probation of Offenders Act, 1958
6. Section 15
of The Probation of Offenders Act, 1958 provides _?
A.Probation officers to
be public servants
B.
Provision as to sureties
C.
Probation officers.
D.
Variation of conditions of probation
7. Which
section of The Probation of Offenders Act, 1958 deals with Procedure in case of
offender failing to observe conditions of bond ?
A.
Section 7 of The Probation of Offenders Act, 1958
B.
Section 4 of The Probation of Offenders Act, 1958
C.
Section 5 of The Probation of Offenders Act, 1958
D. Section 9 of The
Probation of Offenders Act, 1958
8. Under the
Probation of Offenders Act, 1958, which section empowers the court to release
certain offenders on probation without passing a sentence?
A. Section 4
B.
Section 6
C.
Section 8
D.
Section 9
9.Which
section of the Probation of Offenders Act, 1958 deals with the supervision of
probationers?
A.
Section 11
B.
Section 12
C.
Section 13
D. Section 14 (Duty of
PO)
10. The
Probation of Offenders Act, 1958 aims to provide for the release of offenders
on probation or after due admonition. Which section covers the release after
admonition?
A.
Section 2
B. Section 3
C.
Section 4
D.
Section 5
11. According
to the Probation of Offenders Act, 1958, the term "probation officer"
is defined under which section?
A. Section 2
B.
Section 4
C.
Section 6
D.
Section 8
12. Which
section of the Probation of Offenders Act, 1958 provides for the duties of
probation officers?
A.
Section 7
B.
Section 9
C. Section 14
D.
Section 13
13. Under the
Probation of Offenders Act, 1958, which section states that a court can release
an offender under the age of 21 years on probation of good conduct?
A.
Section 4
B. Section 6
C.
Section 8
D.
Section 10
14. The power
to make rules under the Probation of Offenders Act, 1958 is given to which
authority?
A.
The President of India
B.
The Governor of a State
C.
The Supreme Court
D. The State Government
15. Under the
Probation of Offenders Act, 1958, who can appoint probation officers?
A.
The District Magistrate
B.
The High Court
C. The State Government
(u/s 13)
D.
The Central Government
16. Which
section of the Probation of Offenders Act, 1958 provides for the variation of
conditions of probation?
A. Section 8
B.
Section 12
C.
Section 14
D.
Section 16
17. According
to the Probation of Offenders Act, 1958, which section allows for the removal
of disqualification attaching to a conviction?
A.
Section 8
B.
Section 10
C. Section 12
D.
Section 14
18. Which
section of the Probation of Offenders Act, 1958 mandates that probation
officers must be public servants?
A. Section 15
B.
Section 17
C.
Section 19
D.
Section 21
19. Under the
Probation of Offenders Act, 1958, which section deals with the probation
officer's report?
A. Section 6(2)
B.
Section 8
C.
Section 10
D.
Section 12
20. According
to the Probation of Offenders Act, 1958, an offender released under this Act
can be required to pay compensation and costs under which section?
A. Section 5
B.
Section 6
C.
Section 7
D.
Section 8
21. Which
section of the Probation of Offenders Act, 1958 ensures that the Act does not
affect the power of a court under any other law for the time being in force?
A. Section 18
B.
Section 19
C.
Section 20
D.
Section 21
22. Which
section of the Probation of Offenders Act, 1958 deals with the bond of the
offender and the sureties?
A. Section 4
B.
Section 6
C.
Section 7
D.
Section 9
23. How many
sections are there in the Probation of Offenders Act, 1958?
A.
18 Sections
B. 19 Sections
C.
20 Sections
D. 21 Sections
24. Probation
of Offenders Act, 1958: extends to the
A. Whole of India except the state of Jammu and Kashmir
B. Whole of India
C.
Whole of India except the states of Assam and Nagaland
D.
Whole of India except the state of Arunachal Pradesh
25. When any
person is found guilty of having committed an offence not punishable with death
or imprisonment for life and the Court by which the person is found guilty is
of opinion that, having regard to the circumstances of the case including the
nature of the offence and the character of the offender, it is expedient to
release him on probation of good conduct, then, notwithstanding anything
contained in any other law for the time being in force, the Court may, instead
of sentencing him at once to any punishment, direct that
(1)
The accused be released on his entering into a bond, with or without sureties
(2)
Condition of such bond shall be that the accused shall appear an receive
sentence when called upon during such period not exceeding three years
(3)
The Court may direct the accused shall keep the peace and be good behaviour
during such period not exceeding three years
(4) All of the above
26. Before
making an order for releasing the accused on probation, if there is any report of the competent Probation Officer on
the file of the Court
(1) The Court shall
take into consideration that report
(2)
It is dependent on the discretion of the Court to take or not to take into
consideration
that report
(3)
The Court shall not take into consideration that report because Court did not
order
the
Probation Officer to submit such report relating to the accused
(4)
All of the above
27. Amongst
the following statements, which statement is wrong?
(1)
When the Court orders to release the accused on probation, then, in the
interest of the offender and of the public, if the Court thinks it expedient,
it may, in addition, pass a supervision order directing the offender to remain
in supervision of the probation officer
(2)
The tenure of such supervision shall not be less than one year
(3) The tenure of such
supervision shall not be less than six months
(4)
The court making supervision order shall require the offender, before he is
released, to enter into a bond, with or without sureties, to observe such
additional conditions with respect to residence, abstention from intoxicants
etc as the court may, having regard to the particular circumstances, consider
fit to impose for preventing a repetition of the same offence or a commission
of other offences by the offender.
28. In which
Act/s, benefit of releasing the accused on probation or admonition cannot be
extended by the Court?
(1)
Under Section 43 of the Indian Defence Act r/w. Indian Defence Rules 1962(6)
(2)
Under Section 33 of the N.D.P.S Act, 12. 1985, if the accused's age is more
than 18 years
(3)
Under Section 20-AA of the Prevention of Food Adulteration Act, 1954, if the
accused's age is more than 18 years
(4)
Under Section 19 of the Scheduled caste/ tribe act, 1989, if the accused age is
18 years
(5) All of the above
29. Whether
releasing of an offender on probation or admonition by a Court comes within the
ambit of an honourable acquittal?
A.
Yes
B. No
C.
Dependent upon the facts and circumstances of the case
D.
Dependent upon the discretion of the Court
30. An
offender under the age of 21 years may be given benefit of Section 3 or 4 of
the Probation of Offenders Act, only when he has not been convicted by the
Court for the offence punishable with
(1)
Death sentence
(2)
Life imprisonment
(3)
Transportation for life
(4) (1) or (2)
31. Under
Section 4 of the aforesaid Act, certain offenders may be released on probation
by the Court, when they have not been convicted for the offence punishable with
a.
Death sentence
b.
Life imprisonment
c.
Transportation of life
d.
Forfeiture of property.
e. 1 or 2
f.
3 or 4
32. Under
section 4 of this act, what is the maximum period of bonds to be executed by
the offenders when they are released on probation by the offender
1.
1 year
2.
2 year
3. 3 year
4.
4 year
33. Under
Section 6 of the Probation of Offenders Act, relating to what subject/s, the
Court may call for the report of the offender from the Probation Officer?
1.
Character of offender
2.
Physical condition of offender
3.
Mental condition of offender
4. All of the above
34.
The Probation of Offenders Act, 1958 is Act No. _____ of 1958.
a)
10
b)
12
c)
15
d) 20
35. Court may
in addition pass a supervision order directing that the offender shall remain
under the supervision of a probation officer named in the order during such
period, not being less than
a)
3 months
b)
6 months
c) One year
d)
Two years
36.
Simultaneous direction for releasing the offender and directing him to pay compensation
and cost is dealt in ______.
a)
Section 4
b) Section 5
c)
Section 6
d)
Section 7
37. Before
making any order under Section 4(1) of the Probation of Offenders Act, the
Court shall take into consideration the report, if any, of the ________
concerned in relation to the case.
a)
Police Officer
b) Probation Officer
c)
Prosecutor
d)
Special Commission
38. Procedure
in case of offender failing to observe conditions of bond is dealt under
________ of the Probation of Offenders Act.
a)
Section 8
b) Section 9
c)
Section 10
d)
Section 11
39. Can order
under the Probation of Offenders Act may be made by High Court?
a)
No, only by the court who is empowered to try and sentence
b)
Yes, in case of appeal
c)
Yes, in case of revision
d) Both (b) and (c)
40. The
Appellate Court or the High Court in revision shall not inflict a ________
punishment than might have been inflicted by the Court by which the offender
was found guilty.
a)
Lesser
b) Greater
c)
Different
d)
Equivalent
41. Every
probation officer and every other officer appointed in pursuance of the
Probation of Offenders Act shall be deemed to be public servants within the
meaning of _________.
a) Section 21 of the
Indian Penal Code
b)
Section 2(17) of the Civil Procedure Code
c)
Both (a) and (b)
d)
None of the above
42. Which one
of the following is not a condition precedent to the release of an offender on
probation under Section 4 of the Probation of Offenders Act, 1958?
a)
Circumstances of the case
b)
Nature of the offence
c)
Character of the offender
d) Amount of damage
caused by the offender
43. In which
of the following leading cases, Hon'ble the Supreme Court held that benefit of
Section 3 or Section 4 of the Probation of Offenders Act, 1958 is subject to
the limitations laid down in these provisions and the words 'may direct' in
Section 4 does not mean 'must direct'?
a)
State of Gujarat vs. V.A. Chouhan
b)
Phul Singh vs. State of Haryana
c) Ram Prakash vs.
State of Himachal Pradesh
d)
Smt. Devki vs. State of Haryana
44. While
releasing an offender on probation or admonition, whether some additional order
against the offender may also be passed by the Court?
(1)
Order of compensation to be given to the injured/aggrieved person by the
offender
(2)
Cost of proceedings to be paid by the offender
(3)
Order for forfeiture of the property of the offender
(4) (1) and (2)
45. Under
Sec. 5 of the aforesaid Act, the amount ordered to be paid as compensation and
costs of proceedings by the offender may be recovered by the Court according to
Secs. 386 & 387, Cr.P.C.—
(1) As a fine
(2)
As a decretal amount
(3)
As a land revenue
(4)
As arrears of income tax.
46. Amongst
the following statements, which statement is correct?
(1)
Report of the Probation Officer shall be treated as confidential
(2)
If the Court thinks fit, substance of such report may be communicated to the
offender
(3)
The Court may give the offender an opportunity for producing evidence on the
subject relevant to such report
(4) All of the above.
47.
Amongst the following statements, which statement is wrong?
(1) Following the principles
of the maxim of “functus officio", the Court is not empowered to vary the
conditions of probation-order passed under Section 4 of the Act?
(2)
Keeping in view interests of the offender and the public, the Court may vary
the conditions of the bond executed by the offender and may also diminish the
duration of probation
(3)
The duration of probation shall not exceed three years from the date of the
original order
(4)
No such variation of the conditions of the bond shall be made without giving
the offenders and the sureties mentioned in the bonds an opportunity of being
heard.
48. If the
Court has reason to believe that the offender has failed to observe any of the
conditions of the bond/s executed by him, it may—
(1)
Call for the offender through the warrant of arrest
(2)
Call for the sureties of the offender through the summons
(3)
When the offender is brought or appears, the Court may either remand him to
custody or grant him bail
(4) All of the above.
49. If the
Court, after hearing the case, is satisfied that the offender has failed to
observe any of the conditions of the bond or bonds entered into by him, it may
forthwith —
(1)
Sentence him for the original offence
(2)
Where the failure is for the first time, then, without prejudice to the
continuance in force of the bond, impose upon him a penalty not exceeding fifty
rupees
(3)
If the penalty imposed is not paid within such period as the Court may fix, the
Court may sentence the offender for the original offence
(4) All of the above.
50. What
remedy is available to the party aggrieved by the order or sentence passed
under this Act, before the competent Court or the High Court?
(1)
Only appeal
(2)
Only revision
(3) Appeal or revision
(4)
Writ petition
51. under
section 12 of the probation of offenders act 1958, a person found guilty of an
offence and dealt with under the provisions of sec 3 or sec 4 shall ....... attaching
to a conviction of the offence.
1.
Suffer disqualification
2. Not Suffer
disqualification
3.
Difference of opinion in its interpretation
4.
None of the Above
52. Nothing
in Section 12 of the aforesaid Act shall apply to a person, who, after his
release under Section 4 is subsequently-
(1) Sentenced for the
original offence
(2)
Given benefit of probation again
(3) Discharged from the original offence
(4)
Acquitted from the original offence
53.
A Probation Officer under this Act shall be-
(1) A person appointed to be a Probation C Officer by the State Government or
recognised as such by the State Government
(2) A person provided for this purpose by a society recognised in this behalf
by the State Government
(3) In any exceptional case, any other person who, in the opinion of the Court,
is fit to act as a Probation Officer in the special circumstances of the case
(4) (1) or (2) or (3)
54. Amongst
the following statements, which is the duty of the Probation Officers?
(1)
Inquire, in accordance with any directions of a Court, into the circumstances
or home surroundings of any person accused of an offence with a view to assist
the Court in determining the most suitable method of dealing with him and
submit reports to the Court
(2)
Supervise probationers and other persons placed under his supervision and,
where necessary, endeavour to find them suitable employment
(3)
Advise and assist offenders in the payment of compensation or costs ordered by
the Court
(4)
Advise and assist, in such cases and in such manner as may be prescribed,
persons who have been released under Sec. 4
(5)
Perform such other duties as may be prescribed
(6) All of the above.
55.
Amongst the following statements, which statement is wrong?
(1) Probation
Officers appointed in pursuance of this Act shall be deemed to be public
servants within the meaning of Section 21 of the Indian Penal Code
(2) The
Appellate Court or the High Court on the exercise of its power of revision may
inflict punishments according to its own jurisdiction and power
(3) Protection has been given to the actions taken in good faith under
this Act
(4) Nothing in this Act shall affect or previous of Sec. 31 of the Reformatory
Schools, Act, 1897 or Sec. 5(2) of the Prevention of Corruption Act, 1947 or of
any law in force in any State relating to juvenile offenders or Borstal
Schools.
56. Under which Section of the Probation of Offenders Act, the power of Court
to release certain offenders admonition has been enshrined?
(1)
Section 3
(2) Section 4
(3) Section 5
(4) Section 6.
57. Under which Section of the Probation of Offenders Act, the power of Court
to release certain offenders on probation of good conduct has been mentioned?
(1) Section 3
(2) Section 4
(3)
Section 5
(4)
Section 6.
58. In what
Section of this Act, restrictions on the imprisonment of offenders under
twenty-one years of age have been provided?
(1)
Section 4
(2)
Section 5
(3) Section 6
(4)
Section 7.
59. In which
Section of the Probation of Offenders Act, power of the Court to require the
released offenders to pay compensation and costs of proceedings has been dealt
with?
(1) Section 5
(2)
Section 6
(3)
Section 7
(4)
Section 8.
60. Under
which Section of the Probation of offenders Act, it has been stated that the
State Government may, with the approval of the Central Government, by
notification in official gazette, make rules?
(1)
Section 15
(2)
Section 16
(3) Section 17
(4)
Section 18
61. If an
accused has been convicted by the Court under Sections 323 and 325 of the
Indian Penal Code, Whether under this Act, it is necessary for that Court to
call for the report of the probation before giving benefit of probation to the
accused?
(1) It is necessary to call for such report
(2) It is not necessary
to call for such report
(3) Report
from the S.H.O. of the Police Station may be called for
(4) None of
the above.
62. If the report of the Probation Officer has been received in the Court
before passing the judgment by it, then-
(1) The
Court shall take into consideration that report
(2)
It is not necessary for the Court to take into consideration that report
(3)
The Court shall give an opportunity to both the parties to cross-examine the
Probation Officer on such report
(4) None of the above.
63. A Court after holding trial, convicts and grants benefit of Probation of
Offenders Act, 1958 to an accused Which of the following orders is
impermissible in law:-
(1) Admonish the offender
(2) Direct
under Section 12 of the Act that the conviction shall not have an adverse
effect on his service
(3) Direct the offender to pay compensation and cost
(4) Direct the offender to furnish bail and bonds to keep peace and good
behaviour for three years.
64.
Probation of Offenders Act, 1958 was enacted on-
(a) 16 May, 1957
(b) 16 May, 1958
(c) 20 September, 1957
(d) 20 September, 1958
65. How many Sections are there in the Probation of Offenders Act, 1958?
(a) 18 Sections
(b) 19 Sections
(c) 20 Sections
(d)
21 Sections
66. What is the object of the Probation of Offender Act?
(a)
To give punishment to the offenders
(b) To reform the
offenders
(c) To send the offenders to jail
(d) None of the above
67. The Probation of Offenders Act, 1958 extends to
(a) The whole of India except Jammu and Kashmir
(b) Whole of India
(c)
whole of India except the tribal areas of Nagaland
(d)
none of the above
68.
Under which section of the Probation of Offenders Act, 1958 'Probation Officer'
has been defined in:
(a) Section 2 (b)
(b) Section 2 (c)
(c) Section 2 (d)
(d)
none of the above
69. Under which section, there is a provision to release offenders on
admonition.
(a) Section 3
(b)
Section 4
(c) Section 5
(d)
Section 6
70. For what offences the offenders of this Act may be released after
admonition?
(a)
imprisonment for a term not exceeding two years, or with fine, or with both,
under the Indian Penal Code
(b) under any other law, with imprisonment for a term not exceeding two years,
or with fine, or with both
(c) both a and b above
(d)
none of the above
71. Under which section of this Act offenders are released on probation of good
conduct-
(a) Section 2
(b)
Section 3
(c) Section 4
(d)
Section 5
71.
An offender cannot be released on probation when he-
(a) has committed an offence punishable with death.
(b) has committed an offence punishable with imprisonment for life.
(c) Both (a) and (b) above
(d) has committed an offence punishable with imprisonment.
72.
Before the offender is released on probation, the court shall consider-
(a)
on the nature of the offence
(b) on the character of the offender
(c) On the report of the Probation Officer
(d) All of the above
73.
The consideration of the report of Probation Officer by the court before releasing
the offender on probation of good conduct is-
(a)
Discretionary
(b) Avoidable
(c) Mandatory
(d) Arbitrary
74.
Whether releasing of an offender on probation by a court comes within the ambit
of acquittal?
(a) Yes
(b) No
(c) Dependent upon the facts of the case
(d) Dependent upon the character of the offender
75. An offender under the Probation of Offenders Act shall not be punished with
imprisonment, if his age is -
(a) less than 16 years
(b) less than 18 years
(c) less than 21 years
(d)
none of the above
76. Under which section the report of the Probation Officer is considered to
be confidential?
(a) Section 8
(b) Section 9
(e) Section 7
(d) Section 10
77. The court may punish an offender on probation-
(a)
When the surety disagrees with the variation in terms
(b) The offender refuses to execute a fresh bond
(c) Both A and B above
(d)
None of the above
78.
On contravention of the terms of the bond, the court shall punish the offender-
(a) sentence him for the original offence
(b) Where the failure is for the first time, then without prejudice to the
continuance in force of the bond, impose upon him penalty not exceeding fifty
rupees
(c) Both A and B above
(d) none of the above
79.
If the court has reason to believe that the offender has failed to observe any
of the condition of the bond or bonds entered into by him, it may-
(a) call for the offender through the warrant of arrest
(b) call for the sureties of the offender through the summons
(c)
when the offender is brought or appears, the court may either remand him in
custody or grant him bail
(d) All of the above
80. Which of the following is the duty of the probation officer-
(a) to advise and assist the persons who have been released on probation
(b)
to supervise probationers
(c) to advise and assist the offenders in the payment of compensation or costs
ordered by the court
(d) All of the above
81.
A probation officer shall be deemed to be the meaning of section 21 of the
Indian Penal Code.
(a) Public servant
(b)
Administrator
(c) Independent Employee
(d) None of the above
82.
The Probation Officer is protected from proceedings taken in good faith-
(a) under section 16
(b) under section 17
(c) under section 18
(d)
under section 19
83.
Who has the power to make rules for carrying out this Act?
(a) central government
(b) State Government with the
approval of the Central Government
(c) to (a) and (b) above
(d) the court
84. Where will the appeal against the sentence of the competent court lie under
the Probation of Offenders Act, 1958 ?
(a) Court of Session
(b) in the High Court
(c) Both (a) and (b) above
(d) Where Appeals
ordinarily lie from the sentences former court
85.
A person released under section 3 or 4 of this Act is deemed to be-
(a)
disqualified
(b) subject to disqualification
(c) not subject to
disqualification
(d)
none of the above
86.
Under whose control is the Probation Officer?
(a)
Court
(b) District Magistrate
(c)
State Government
(d) None of the above
87.
Under which Section, the offender discharged because of his good conduct?
(a)
Section 9(1)
(b) Section 9(2)
(c) Section 9 (4)
(d) Section 8 (3)
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