Rajasthan APO 2024 Prelims Paper

What is the amount of penalty in case of offender failing to observe conditions of bond, first time under the Probation of Offenders Act, 1958?

Verified Answer
A. Upto one hundred rupees
B. Not exceeding fifty rupees
C. Upto two hundred rupees
D. Not less than fifty rupees

Explanation:

This question pertains to the Probation of Offenders Act, 1958, a significant piece of legislation aimed at reforming offenders rather than merely punishing them, by allowing them to be released on probation instead of serving a sentence in prison. The Act sets out conditions for such release, often requiring the offender to execute a bond. Failure to observe these conditions has specific consequences, including a monetary penalty. To answer this question, we must refer to Section 9 of the Probation of Offenders Act, 1958, which deals with the 'Procedure in case of offender failing to observe conditions of bond'. Let's analyze the options: * **Option (1) Upto one hundred rupees:** This amount is higher than what is specified in the Act for the first instance of failure to observe bond conditions. Therefore, this option is incorrect. * **Option (2) Not exceeding fifty rupees:** This is the correct answer. Section 9(3) of the Probation of Offenders Act, 1958, explicitly states: 'If an offender fails to observe any of the conditions of the bond or bonds entered into by him, the Court may, without prejudice to any other penalty to which the offender may be liable under this Act, impose upon him a penalty not exceeding fifty rupees.' This provision clearly sets the maximum penalty for the first failure at fifty rupees. The phrase 'not exceeding' means the penalty can be anything from zero up to fifty rupees. * **Option (3) Upto two hundred rupees:** This amount is significantly higher than the statutory limit for the first failure. There is no provision in the Act that allows for a penalty of up to two hundred rupees for the first instance of such a failure. Hence, this option is incorrect. * **Option (4) Not less than fifty rupees:** This phrasing implies a minimum penalty of fifty rupees, meaning the penalty would be fifty rupees or more. This contradicts Section 9(3), which sets a *maximum* of fifty rupees ('not exceeding fifty rupees'). Therefore, this option is incorrect. In conclusion, based on the precise wording of Section 9(3) of the Probation of Offenders Act, 1958, the penalty for an offender failing to observe the conditions of the bond for the first time shall not exceed fifty rupees, making option (2) the accurate answer.