Section 5 the Probation of offenders act, 1988
Section 5 of the Probation of Offenders Act, 1988 deals with the payment of compensation and costs by the offender, similar to the 1958 Act.
Here is a detailed explanation of Section 5, Probation of Offenders Act, 1988:
🔹 Section 5 – Power of Court to Require Released Offender to Pay Compensation and Costs
This section empowers the court, while releasing an offender on probation or after admonition, to direct the offender to pay:
Compensation to the victim – for any loss or injury caused by the offence.
Costs of the proceedings – either wholly or partially, to be paid to the victim or the State.
🔍 Key Provisions:
Applicable when the offender is released:
After an admonition under Section 3, or
On probation under Section 4.
The court may pass an order simultaneously with the probation/admonition.
The amount and manner of payment are to be specified by the court.
📘 Purpose:
Ensures restorative justice, where the victim is compensated for their harm.
Acts as a deterrent for the offender.
Reinforces accountability, even when imprisonment is avoided.
🏛️ Illustration (Example):
Suppose a person is convicted of causing minor injuries in a scuffle. The court releases him on probation under Section 4 but, under Section 5, orders him to:
Pay ₹5,000 to the victim as compensation.
Pay ₹1,000 as costs of the proceedings.
⚖️ Case Law Reference (Illustrative):
Ramesh v. State of M.P. – The court held that even if the offender is released on probation, the harm done to the victim must be remedied through appropriate compensation under Section 5.
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