PROBATION LAW ANALYSIS

ASSIGNMENT SUBMITTED TO

SNIL

ON

PENOLOGY AND VICTIMOLOGY

BY

SHALINI KUMARI - 1841802020

ANOUSHKA MISHRA-1841802021

RAHUL SAHU-1841802024

SUSHREE SURANJANA MAHAPATRA-1841802064

PALLAVI MISHRA -1841802067

BA.LLB(H) 4TH YEAR/8TH SEMESTER

BATCH:2018 -2023

SOA NATIONAL INSTITUTE OF LAW

(Deemed to be university)
 DECLARATION

We, hereby declare that this project has been done by me. The words used in it is all mine
and there is no plagiarism involved in it.

SHALINI KUMARI

ANOUSHKA MISHRA

RAHUL SAHU

SUSHREE SURANJANA MAHAPATRA

PALLAVI MISHRA

BA.LLB(H) 4th YR

STUDENTS
 PREFACE

We would like to thank our Dean Mr SAK AZAD for giving me opportunity to do this
project. We would also like to thank our competition law teacher Ms.Sandipta Padhee for
her guidance in this project and for giving us such an interesting topic to work on

THANKING YOU

SHALINI KUMARI

ANOUSHKA MISHRA

RAHUL SAHU

SUSHREE SURANJANA MAHAPATRA

PALLAVI MISHRA
 INDEX

 INTRODUCTION

 NCRB REPORT ANALYSIS

 PROBATION SYSTEM OF DIFFERENT COUNTRIES

 PROVISIONS RELATED TO PROBATION IN INDIAN STATUTES

 CASE LAWS RELATED TO PROBATION LAWS

 LOOP HOLES IN THE PROBATON SYSTEM (CONCLUSION)

 INTRODUCTION

The most practical form of punishment for adolescents, young criminals, first-time and minor
offenders, and even repeat offenders—probation—is an alternative to incarceration. Instead
of punishment and incarceration, offenders are placed under the supervision of a probation
officer by the court, shielding them from the stigma and influence of seasoned criminals.

Probation is originated from The Latin word “probare,” which meaning to test or to prove. It
is a therapy tool that was created as a non-custodial substitute and is utilised by the judiciary
when guilt has been proven but it is felt that imposing a prison sentence would be ineffective.
His ability to reintegrate into normal society after being released is reduced by imprisonment,
and interaction with professional offenders frequently has unfavourable outcomes.

HISTORICAL BACKGROUND

Middle Ages English criminal law is where probation first appeared. Both adults and kids
received harsh penalties for actions that weren't necessarily really serious.

This sternness eventually caused unrest in parts of English society that were progressive and
interested in the development of the legal system. In an effort to lessen these cruel
punishments, a number of strategies were developed and put into practise slowly but steadily.
The accused might be able to buy royal pardons, activist judges might choose to read the law
leniently or not at all, and the value of stolen items might be reduced by the court so that
criminals would be charged with a less serious offence. Additionally, techniques like
abjuration, refuge, judicial reprieve, and ecclesiastical benefits gave convicts some shelter
from the imposition of harsh punishments.

Eventually, the courts adopted the procedure known as "binding over for good behaviour,"
which is a type of temporary release during which offenders might take actions to get pardons
or sentences that are less severe. Certain courts started controversially suspending sentences.

The first actual probation officer was John Augustus, known as the "Father of Probation." In
1785, Augustus was conceived in Woburn, Massachusetts. He had established himself in
Boston permanently by 1829 and ran a prosperous boot manufacturing company. He
definitely ended himself in the Boston courts as a result of his membership in the Washington
Total Abstinence Society. Washingtonians abstained from drinking themselves and believed
that alcohol addicts could be rehabilitated via compassion, empathy, and persistent moral
persuasion rather than by being found guilty and receiving jail time.

The first probationer was bailed out in police court by John Augustus in 1841 for being a
"ordinary drinker." Three weeks later, the defendant was required to show up in court for
sentencing. He was escorted by Augustus as he made his sober return to court. Everyone
there was shocked to see how drastically different his appearance and behaviour had become.

John Augustus had posted bail for 1,946 men and women by the year 1858. Only 10 of these
individuals reportedly lost their bond, which is a fantastic achievement by any standard. His
reformer zeal and tenacious persistence earned him the resentment of several Boston society
groups as well as the loyalty and support of numerous Boston philanthropists and
organisations. It was widely believed that his efforts were responsible for Massachusetts
passing the first probation statute shortly after he passed away in 1859.

Probation — from the latin verb "probare" — to prove, to test. A term coined by John
Augustus.

After that initial act was passed, probation steadily extended across the country. Probation
became a means of dealing with offenders that is officially recognised thanks in large part to
the juvenile court movement.

In 1899, Chicago became home to the first juvenile court. The creators of the juvenile court
in Illinois are credited with formalising the intake procedure. Probation was soon included as
a step in the juvenile court process in 30 states. All states today provide both youth and adult
probation.

Davenport, Matthew Hill, an English lawyer, is another person credited with helping
probation become what it is today. Hill had seen young criminals given one-day sentences
with the requirement that they be given back to a parent or guardian who would closely watch
them. Later, when he held the judicial position of Recorder of Birmingham, he used a similar
principle to people who did not appear to be terribly corrupt. Offenders were sent to kind
guardians who voluntarily took care of them if they showed potential for rehabilitation. To
follow the offender's progress and maintain a running report, Hill had police officers pay
these guardians recurrent visits.
 OBJECTIVE1

The goal of probation is to reform the offender through alternatives to punishment like
admonition, constructive treatment, conditions of good conduct, and supervision. Despite the
fact that the suffering of the offender is the goal of punishment; Probation aims to reform and
re-socialize offenders in line with the criminal justice system's reform. It is motivated by the
conviction that many offenders have acted unintentionally, carelessly, or in error and have
come into contact with the law rather than being dangerous criminals.

Particularly for children or first-time offenders, incarceration can be detrimental because of

the likelihood that they will interact with other inmates who have been charged with violent
or heinous crimes

As a "social defence" method to correction, probation has been adopted and integrated by
several criminal justice system administrations.

The International Society for Social Defence was established in 1949 by Italian Filippo
Gramatica, who wanted to replace criminal law with non-penal methods of re-socializing
those deemed to be "anti-social." This would change the structure of the state, society, and
penal methodologies in favour of restorative justice and care. The spread of this idea has
changed how lawbreakers are treated and punished around the world. Prisoners are being
housed in more humane conditions than in the past, juvenile offenders and more seasoned
criminals are separated, and "chance offenders" or "first offenders" have the option of being
released on probation or parole and allowed to live in the community.

The Indian setting demonstrates how the pre-trial and trial stages of the criminal justice
system are marked by prolonged detentions. The vast majority of people incarcerated overall
are remand prisoners who are either in court or awaiting trial. With 40,144 more inmates than
allowed, prisons continue to be drastically overcrowded. In spite of the Indian Legislature's
passage of the Probation of the Criminals Act in 1958 and the revision of Section 562 of the
Criminal Procedure Code into Section 360, the country's prison population continues to be
disproportionately made up of youthful, first-time, and minor offenders.

1
Aashank Dwivedi, Probation of the offender ( Reader’s Blog by TOI, April 8 2022)<
https://timesofindia.indiatimes.com/readersblog/aashank-dwivedi/probation-of-the-offender-42409/>
accessed 23 June 2022.
Many offenders who would otherwise be able to benefit from non-custodial treatment are
able to avoid the endless wait thanks to the proper use of probation.

The Probation of Offenders Act's provisions are based on the philosophical tenet that
releasing an offender on probation will probably lead to a decrease in crime and the
offender's rehabilitation. Probation is the term used to describe the context in which this
supervision-based reform and reintegration is carried out. All age groups, including repeat
criminals who are not facing life in prison, are covered by this Act.

Probation is a viable choice for those who have been convicted of crimes because it avoids
jail and all of the negative consequences that come with it for the convicts as well as
alleviating prison overcrowding. It has been suggested that probation helps minimise
recidivism and stigmatisation of criminals, as incarceration frequently results in
psychological damage, especially for minors, young offenders, and first-time offenders

BENEFITS OF PROBATION

The benefit of probation is that it aims to give the offender time to learn new skills and
educate himself so that he can eventually become a law-abiding member of society. In this
method, the probation officer can help the offender move away from criminal tendencies or
crime as a career by helping him build self-sufficiency, confidence, and control as part of a
rehabilitation process.

In actuality, the usage of the probationary period can benefit society as a whole in addition to
particular types of criminals. It can benefit a society in the following ways:

1. Giving non-criminal offenders release options

2. Keeping offenders from reoffending and giving them a chance to change their ways.

3. Reducing prison overcrowding

4. avoiding the costs of keeping the offender in a facility;

5. Getting the offender to immediately contribute to the total national income through his
purposeful work in activities that are socially acceptable and appropriate for his age;

6. preventing the congregation of experienced criminals with young, inexperienced, and

minor offenders;
7. Preventing additional offences because probationary work is both curative and preventive;

If fully utilised, the probation system can assist in addressing prison congestion, which is
frequently ignored, underfunded, and poorly administered.

In the case of Nisar Ahmed v. State of Rajasthan2, it was held that the benefit of the act
cannot be applied on a person who has done an explosive act.

Types

There are different categories of probation.

1.supervised probation, which requires regular meetings between the offender and their
probation officer. The perpetrator must also abide by particular laws, including the ones
already mentioned.

2.unsupervised probation, which is uncommon and is only used in cases of very minor crimes
like petit theft. In unsupervised probation, the offender must accept a release plan but is
exempt from meeting with a probation officer throughout the duration of the release plan.

2
AIR [1967] Raj 190
 KEY POINTS OF NCRB's CRIME IN INDIA REPORT 2020

 Increase in the Number of Criminal Cases Registered: Indian law enforcement

reported 14,45,127 (28 percent) more crimes overall in 2018 than in 2019. (51,56,158
cases).

 The NCRB Report included 42,54,356 crimes under IPC and 23,46,929 crimes under
special and local laws.

 Rising Crime Rate: In 2020, the crime rate—the number of crimes reported for per
10,000 people—rose from 385.5 in 2019.

 Increase of crimes based on caste:

 Crimes committed against members of Scheduled Castes increased by 9.4%.

 Crime against Scheduled Tribes increased by 9.3% from 2018 to 2019.

 Decline in Crime Against Women: The number of crimes against women decreased
by 8.30%.

 The majority of the incidents (30.0%) involved "cruelty by husband or his family,"
which was followed by "attack on women with the intention to insult her modesty"
(23.0%), "kidnapping & abduction of women" (16.8%), and "rape" (7.5 percent ).

 Crime against women: In 2020, there were 56.5 crimes reported for per 10,000
women, down from 62.3 in 2019.

 Decline in Crimes Committed by Juveniles: In 2020, 29,768 crimes were reported

against juveniles, a decrease of 7.8%.

 While crimes classified as "Violent Crimes" declined by 0.5 percent, murder saw a
slight increase of 1%.

 Charge-sheet filing rate increased: Charge-sheets were filed in roughly 26.12 lakh
cases, for a charge-sheeting rate of 75.8 percent, up 12.50 percent from 2019.

 Gujarat (97.1%), Kerala (94.9%), and Tamil Nadu (94.9%) were the States with the
highest rates of IPC criminal charge-filings (91.7 percent ).
  COVID-19 led Lockdown Effect: As a result of the COVID-19 led Lockdown in
India last year, there were fewer instances of theft, burglary, robbery, dacoity, and
crimes against women, children, and senior persons.

 Fall of 12 percent in all economic offences reported to the authorities.

 From 4,244 to 3,100 cases, there has been a decrease of 27% in cases under the
Prevention of Corruption Act.

 Cybercrimes on the rise: with 50,035 cases, cybercrimes saw an 11.80% increase.

 Human trafficking cases have decreased from 2,208 to 1,714 cases.

 The number of missing people has dropped by 15%. a decrease of 19.80% in the
number of kids reported missing in 2020 compared to 2019.

 Increase in crimes related to the environment: Compared to 2019, there was a 78.1
percent increase in environmental offences in 20203.

3
Shivam, NCRB Crime in India 2020 Report (UPSC Adda 247,30 May2021)< https://www.adda247.com/upsc-
exam/ncrb-crime-in-india-2020-report/> accessed 22 June 2022.
 PROBATION IN DIFFERENT COUNTRIES

PROBATION IN USA

 In probation - John Agustus was regarded as the father and was the 1 st probation officer.
 He was a shoe maker in America in 1841. Probation law for the 1st time in 1878 was
enacted at Massachusetts.
 In city of Boston, probation officers were appointed.
 John Agustus helped women and child offenders for their rehabilitation. From then and
there probation system began. Signs of reformation was seen for picking offenders for
rehabilitation. He arranged schools and employment facilities for the offenders and also
maintained a record of the same.
 For rehabilitation, offenders who were of young age were also been helped by Father
cook (of Boston).
 By mid-end of 20th century in most parts of USA, probation became popular.

PROBATION IN UK

 In 1907, the probation system in UK got statutory recognition.

 Probation officers were separately appointed for adults and children. 4
 Act was amended in 1908 and then 1914.
5
 Probation was extended throughout England with the enactment of criminal justice
Act 1948.
 In England, probation for women was introduced at a much later stage than for adult

males.

4
Section 3 of English Probation of Offenders Act, 1907.
5
Section 53(a) Of Probation of Offenders Act
CASE: PICKEET V. FESQ6

Here there was an old lady who tried to withdraw 85 sterling but according to Exchange control
Act,1947 of UK a man can withdraw only 5 sterling. When the old lady was found to be guilty,
she said that due to unemployment of her son in Italy and financial distress she wanted the
money. So, the trial court discharged the women on probation.

Appeal was made, then conclusion was that the women had deliberately done these things and
then the trial court was instructed to withdraw the probation period and make her liable.

So, need was not given that much of emphasis. In probation, reformation is not seen. In most
of the cases if you commit crime, you will get punishment for sure.

In 2000, the criminal justice and court service Act was renamed to National Probation Service
for England and Wales. 54 probation committee and 42 local boards were replaced. 100% home
office funding for probation service was established. National offender management service
was established for reducing the re-offences.

PROBATION IN EUROPEAN COUNTRIES

 In European countries- as an after-care solution, probation is being used for treating

the juvenile officers.
 In Russia, Germany, and France -the probation was adopted so as to measure the
social defence.
 Austria has the probational solution that are mandatory for the under 18 yrs
offenders.
 Probation as a rightful measure is accepted in Greece.
 The countries which have similar probation system are Ireland, Israel, Switzerland,
Italy, Netherland and other European countries.

6
Pickeet V. Fesq (1949) ALL ER 705
  Probation, under the authority of the prison service in 15 European countries. People
can be supervised by probation as an alternative to being remanded in custody in 16
European countries.7

PROBATION IN SWEDEN

 Total offenders sent to prison-20%

Correctional treatment methods like parole, probation, work centres etc-80%
 ‘Commission of trust’ who take advice from probation officer is entrusted under
supervision of offenders on probation.
 To increase treatment and services through institutions, efforts are made.

PROBATION SYSTEM IN JAPAN

 In the administration of criminal justice of Japan, rise in treatment system for offenders
has got statutory vision.
 In order to look after the probationers, a number of probation supervision officers are
there.
 The juvenile delinquents are kept to the probationary supervision.
 Offenders allowed-20% under supervision
80%-without probation supervision

7
Russell webster, |” Probation in Europe (russellwebster.com, /May 28,2019)
<https://www.russellwebster.com/spaceii519/#:~:text=In%2015%20European%20countries%2C%20probation,
form%20of%20supervision%20in%202017>|accessed 26 June 2022.
 PROVISIONS RELATED TO PROBATION IN INDIAN STATUES

According to Sec 562, CrPC,1898, persons who can be released on probation are:
1. any person convicted who has attained the age of 21 years can be punished for 7
years of imprisonment or less or,
2. any person convicted who has not attained the age of 21 years punishable with
punishments like life imprisonment or death penalty u/s 53, IPC, 1860 or,
3. any woman who is not to be punishable with punishments like life imprisonment or
death penalty u/s 53, IPC, 1860.
Because of this section the Parliament enacted the POBATION OF OFFENDERS ACT on 16
May 1958, and sec 19 of the Probation of Offenders Act repealed sec 562, CrPC, 1898.
According to UN DESA, the court releases convicts on probation for therapy and reformative
measure and he is sent to community where he lives, with conditions imposed by the court.
The convict released on probation is supervised by a Probation Officer appointed authorised
for such supervision.
This Act provides for the release of first-time offender in general on due admonition who are
convicted u/s 379, S 380, S 381, S 404, S 420, CRPC, 1898.
The Children’s Act,1908 allows the court to release the convicted children on probation
whenever such good behaviour and conduct is observed.
 JUDICIAL ASPECT

“HATE THE CRIME, NOT THE CRIMINAL”

Crime should be abolished but not the criminal. Treating the offenders in a bad way will not
decrease the crime rate. Misbehaving or harassing the criminals can result in making them
worse personalities and there are higher possibilities that it can possibly lead to increase in
crime. Treating the offenders different from society will definitely affect their minds adversely
and will encourage them to commit more heinous crimes at times.
Reformative system should be adopted to larger extent. We should focus on reforming the
offenders as it is one of the most important forms where a criminal is treated in a way where
his mind will definitely not intent to commit more offences. Reformative system is where a
criminal is not adversely treated rather, he is given chance to create a positive image in the
society which will let him live like any other person of the society.
Reforming a person has a great psychological importance. Probation is given for a reformative
purpose where sentencing a fresh offender is suspended with the authorisation of a probation
officer in a super visionary capacity.
Here the court plays a very significant function, because of which the act of giving probation
is called as a court system. The Central Probation Act, 1958 established this system. 8
Judiciary having the supreme authority, governs the Probation system in India with precise
statues and legal provisions. It is believed that permitting the young criminals or offenders in
suspending their sentence by allowing probation will help in preventing them from becoming
habitual criminals, which will adversely affect the future of our society.

8
Sambhavi Shailendra, (legalservicesindia.com)https://www.legalservicesindia.com/legal/article-7365-
probationsystem-in-india-a-socio-legal-study.html accessed 1 july 2022
 “THE PROBATION OF OFFENDERS ACT, 1958”

The approach on which this Act is based on is individualistic and focuses on reformatting the
criminals by authorising probation officer individually to each one. This Act deals with the
young and first-time offenders in a amicable manner. The main objective behind allowing
probation to young offender is to reform them and preventing them from becoming habitual
criminals.
This Act consists of 19 section and focuses on reformatting the offenders by adopting
reformative system.
Some necessary provisions of this Act:

SEC 3:
It deals with ‘Admonition’. Admonition basically is reprimand. This section empowers the
courts to release the criminals or offenders on due admonition, i.e. release them without
undergoing any penalty mentioned under the Indian penal code or any other law for the time
being in force.
Admonition is provided after observing the following conditions:

 the guilty is convicted under s.379, s.380, s.381, s.404, s.420 of IPC or,
 the guilty is convicted under any crime where punishment is imprisonment not
exceeding 2 years or with fine, or with both under IPC or,
 any other law for the time being in force,
 guilty is not convicted before and
 nature of the crime along with the offender’s character is also to be taken on
consideration.
After observance of such requisites, it is in the discretion of the court to avoid sentence of the
person whenever it deems fit after warning or advising such criminal.9

SEC 4:
It is one of the most important sections under this Act that deals with ‘probation of good
conduct’. According to this sec sentence of an offender can be suspended on good conduct.
Probation can not be given to any person who is punished with imprisonment for life-or-death
penalty. Severe punishments like life imprisonment and death penalty are given to any person
guilty for heinous crimes or habitual offenders, who are not allowed probation.
Considering both nature of the crime and the character of the criminal is equally necessary and
to be investigated properly which will let the court decide whether the offender deserves to be
released on probation or not.

9
Shruti Kulshreshtha (blog.ipleaders.in, june27 2020) https://www.blog.ipleaders.in/a-stydy-on-the-probation-
of-offenders-act-1958/%3famp=1 accessed on 1 july 2022
The court on its discretion can release the offender on probation of good conduct without
sentencing him. Under this particular section the court is empowered to provide direction to
execute a bond, i.e. the probation bond to appear in the court receive the sentence, if any, by
the court. The bond can be executed with or without any surety as the court may deem fit.
The limitation period for this is 3 years.
It is in the discretion of the particular court, whether to consider the probation officer’s report
for passing the judgement or not, and the court can also pass a supervision order within 1 year,
if it thinks fit. In such case the probation officer is appointed and authorised to supervise the
offender who is released on probation, i.e., the probationer for such a period with some
conditions listed in the order.
The court must have jurisdiction to deal with such case which is decided by the place of
residence and the place of work of the offender or his surety.
The court have the duty to explain and make the offender understand all the term and requisites
of the bond and provide him, his surety and the officer on supervising capacity, copy of all the
orders.

SEC 5:
It deals with the ‘compensations and costs’. It states that in addition to releasing the offender
under the sections 3 & 4, the court may pass and order directing the offender to pay
compensation and any loss/injury faced by the victim to the victim.

SEC 14:
It deals with the ‘duties of the probation officer’. The duties are:
1. the probation officer must proceed with the inquiry considering the circumstances of
the probationer’s house and submit the reports to the court. There must be suitable
circumstances.
2. The probation officer must supervise the probationer as directed under the order.
3. The probation officer must help the probationer in finding a suitable job.
4. The probation officer must play an advisory character in the probationer’s life and assist
him in paying the damages and costs as ordered.
5. The probation officer must perform any other duties prescribed to him bt the court in
the order.
 LANDMARK JUDGEMENTS

1. ARVIND MOHAN SINHA V. AMULYA KUMAR BISWAS 10

It was observed by the supreme court that releasing offenders on probation and suspending
their sentence is only to avoid the fresh and young offenders from becoming habitual criminals
and it aims at reforming them by following a reformative system.
2. MD. SYAD ALI V. STATE OF GUJARAT11
In this case the court using its discretion awarded the offender probation. The court here held
that the accused was a first-time offender i.e., a fresh offender and in addition to that he has not
attained 21 years. the court stated that it is an appropriate case for releasing the accused in
probation.
3. STATE OF MAHARASTRA V. NATWARLAL12
The offender was accused of smuggling gold. The court stated that these kinds of acts affect
not only adversely affects the public revenue and nations’ economy but also the general
public’s intrest. Thus, s. 4(1) of the Act was refused to be awarded to the accused.
4. BASIKESAN V. STATE OF ORISSA13
A fresh offender of 20 years old who had no previous conviction against him was found guilty
u/s 380, IPC. The court after observing the circumstances released him on due admonition u/s
3 of the Act.
5. AHMED V. STATE OF RAJASTHAN14

The accused was convicted of sec 364 A, IPC. As the Act of kidnapping and abduction are
such Acts which creates high communal tension in society. The Supreme Court held that the
accused cannot be released on Probation.

10
Arvind Mohan Sinha v. Amulya Kumar Biswas AIR 1818
11
Md Syad Ali v. State of Gujrat 1991 CriLJ 1269
12
State of Maharastra v. Natwarlal 1980 AIR 593
13
Basikesan v. State of Orrisa AIR 1967 Ori 4
14
Ahmed v. State of Rajasthan AIR 1967 Raj 190
 MERITS OF THE PROBATION SYSTEM

The probation system is based on reformative approach and focuses in treating the
offenders in a positive manner which not adversely affect them psychologically. This
system aims to help the offenders to be equal parts of the society and not be treated
different. Not every offender does a crime with bad intention, if those offenders are
treated equal as the habitual offenders, it can affect them adversely and there are
possibilities that they can be habitual offenders also. Thus, wherever it is suitable by
following the reformative approach, the sentence of eligible offenders is suspended.

This system treats every offender released on probation differently with different
conditions imposed on them. This system follows and individualistic approach. This
makes the justice providing system very positive because not every offender is similar
and their mentality is always different, treating everyone similarly or reforming a group
of offenders at a time is not a process that can result good. Thus, treating each offender
individually is comparatively a better way of treating the offenders.

This system gives the court discretionary power of awarding probation because of
which not anyone can take advantage of getting probation rather, only deserving
eligible offenders are awarded probation. This reduces misuse of this system by the
habitual and offenders having ill intention.

It is generally given to the first-time offenders. This system aims in preventing the fresh
offenders from getting adversely influenced by the habitual criminals in the prison. This
system is also aims in minimising the crime rate by not letting more people to become
habitual criminals.

It helps to reform the juvenile from ruining their whole future for being guilty of just
one offence. It helps in rehabilitating the juveniles.15

This system is all about providing the fresh offenders a second chance to become good
personalities and live freely with respect in the society. After being released on
probation the criminal or the offender will not be hated or disowned by the society
compared to what adverse reaction and treatment he can get if he was prisoned. By

15
Adhila Muhammed Arif, (www.blog.ipleaders.in, 9 December 2021) <https://blog.ipleaders.in/comparative-
study-probation-parole/%3famp=1> accessed on 1 July 2022
 fulfilling the proverb “hate the crime, not the criminal”, the eligible offenders are
released on probation.

This system also directly helps in minimising the Indian prisons from becoming over-
crowded. Releasing the fresh offenders on probation definitely minimise the no. of
offenders in the prisons and the jailor can perform his duty in a better way as he is
getting less prisoners to deal with.

Hence the probation system is very beneficial to the society in many ways.
 LOOP-HOLES IN THE PROBATION SYSTEM (CONCLUSION)

PIT- FALLS IN PROBATION SYSTEM:

It is very difficult to examine whether an offender has committed the crime for the first time
i.e., whether a person is a fresh offender or a habitual offender i.e., a recidivist. It is possible
that an offender who’s otherwise recurrent can be awarded probation or admitted to it and
probably not get affected positively to the system of correction.

SEC 4, PROBATION OF OFFENDERS ACT

It is one of the most important sections of this Act. In this section supervising the probationer
who is released on probation is not necessary. This goes against the probation philosophy that’s
about supervising and submitting reports whenever asked by the court by the probation officer
who is authorised to do so. Supervising the probationer is very important part to keep a track
on the offender’s life and his acts. Supervising will not only give assurance about his conduct
but also, he will think before committing any wrongful act as he is aware of the fact that he is
being supervised by the court’s authorised officer. But section 4 can go against this policy and
hence this part can have adverse effect in this system.

SEC 6, THE PROBATION OF OFFENDERS ACT

This section gives power to the court to consider the probation officer’s report before giving
any order whenever it thinks fit. Again, this is a discretionary power of the court and in many
cases the report is not taken into consideration before giving orders which is against this
probation policy. This system can get corrupted in this way as it is in some way goes against
spirit of morality i.e., enshrined in this Act. It is a way in making judicial system poor in its
work.

The lack of real interest in social service among the probation personnel presents a major
problem in selecting the right persons to perform this arduous work.

Exempted from legal consequences

It is no doubt focuses on reforming the offenders but the fact cannot be ignored that the
offenders have committed wrong and for every wrong there is punishment. But by releasing
them on probation they are being exempted from facing the difficult legal punishment or
sentence. It is a demerit that the probationers even after committing crimes are left unpunished
and treated same as other people in the society, who are far from the intention of committing
any crime as there is lack of punishment.16

The aim of giving punishment to an offender is not only to make him realise his
mistakes but also to set an example in the society and warn the people not to commit
such offence. But when offenders are released on probation it sends a bad message to
the people of the society that even after committing crimes there is possibilities that if
all important requisites are fulfilled then the court can release fresh and young
offenders.
This system aims at decreasing the no. of criminals but there are possibilities that more
people can be encouraged to commit offences and manage to get probation. Hence it is
not in some ways proved to be a very effective method of reducing the crime rate.

16
Amos Gikunda (www.prosancons.com, 23 April 2021)< https://prosancons.com/government/pros-and-cons-
of-probation/ > accessed on 1 july 2022