Section 4 — Power of court to release certain offenders on probation of good conduct.

4. Power of court to release certain offenders on probation of good conduct.—(1) 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 he be 

released on his entering into a bond, with or without sureties, to appear and receive sentence when called 

upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep 

the peace and be of good behaviour: 

Provided that the court shall not direct such release of an offender unless it is satisfied that the 

offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the 

court exercises jurisdiction or in which the offender is likely to live during the period for which he enters 

into the bond. 

(2) Before making any order under sub-section (1), the court shall take into consideration the report, 

if any, of the probation officer concerned in relation to the case. 

                                                           
1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule  

(w.e.f. 31-10-2019). 



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(3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interests 

of the offender and of the public it is expedient so to do, 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 one year, as may be specified therein, and may in such supervision order 

impose such conditions as it deems necessary for the due supervision of the offender. 

(4) The court making a supervision order under sub-section (3) shall require the offender, before he is 

released, to enter into a bond, with or without sureties, to observe the conditions specified in such order 

and such additional conditions with respect to residence, abstention from intoxicants or any other matter 

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. 

(5) The court making a supervision order under sub-section (3) shall explain to the offender the terms 

and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the 

offenders, the sureties, if any, and the probation officer concerned.