Criminal

Justice
System
 UNIT-1
Criminal Justice System

 The system that deals with agencies of government that are responsible for enforcing
the law in the country, maintaining peace and harmony and treating criminal conduct
is known as the criminal justice system. The aim of the criminal justice system is to
ensure that every person who suffers an injury or loss at the hand of others is allowed
to present his case and seek justice.
 The Criminal Justice System is an instrument for social control. It is a group of all the
agencies that help to maintain Law and Order in the nation. The Criminal Justice
System is used to punish criminals so that crimes can be prevented. Other forms of
Social Control include family, educational institutions, religious places, etc. But these
agents help in moral control. Only the Criminal Justice System leads to crime control
and ensures Justice by punishing criminals.
 Components of Criminal Justice System are:
 Police
 Judiciary
 Prosecution
 Prison

Purpose and Objective

There is only a small portion of the crimes committed which are reported to the police and
again out of the crimes reported to the police and goes to the court for trial. Lastly, a very
small number of the cases which are put to trial in the court of law reach to the logical
conclusion. There are inordinate delays in the disposal of the cases, consequently pressure is
mounted on the criminal justice system and people lose faith in the system.

The basic purpose of the Criminal Justice System is to provide every possible protection to
the person and property of the people and to bring the law breakers to the book. In other
words, the underlying principle of the Criminal Justice System is to provide justice to both
the criminal as well as the victim.
The quality of a civil society to great extent depends upon the performance of the Criminal
Justice System credibility thus, a CJS that claims to have high arrest rate and higher
concretion rate may still not be ideal if it has a low credibility rate in the eyes of the general
public.

The various objectives of the criminal justice system are:

 To punish the wrongdoers.

 Prevent the further occurrence of crime in society.

 Regulate the behaviour and conduct of people, especially criminals.

 Provide relief to the victim.

 Treatment of offenders and their rehabilitation.

 To create deterrence in the minds of people at large not to indulge in any criminal
activity.
 Maintaining rule of law in the country.

Evolution

During 12th Century in Ancient England, the crown assumed control over administration of
justice and the compensation was to be paid to the Crown rather than to the victim. However,
no formal techniques were devised.

1. The evolution of the criminal justice system can be traced back to ancient civilizations
like Babylon, where the Code of Hammurabi was developed in the 18th century B.C.
This early system aimed to regulate various aspects of human affairs.
2. In ancient India, the criminal justice system was influenced by the concept of 'dharma'
from the Vedas where the king had an authority to punish offenders. The ancient
Hindu Law did not expressly distinguish between crime and the civil wrong but the
system gradually evolved in accordance with local customs and usages.
3. During the Muslim rule, the administration of justice incorporated Muslim criminal
law and its main sources were the Quran and Hadith. This introduced distinctions
between crimes against God (Public Wrongs and punishable by the society or
 community) and crimes against individuals (Private wrong), with different forms of
punishment such as Qisas (retaliation), Diyut (blood money), Hadd (defined
punishment) and Tazer and Siyasa (discretionary and exemplary punishment).
4. The East India Company's acquisition of Bengal, Bihar, and Orissa in 1765 marked
significant changes in the administration of justice. Initial modifications were made to
trial procedures and punishments.
5. Notable figures like Warren Hastings and Lord Cornwallis initiated reforms aimed at
modifying the nature of punishments and introducing changes in substantive criminal
law.
6. The enactment of the Charter of 1833 addressed the disparities in rules and regulations
across different presidencies under British rule. It led to the establishment of the All-
India Legislature, the Office of the Law Member, and the Law Commission.
7. The appointment of the First Law Commission in 1834, chaired by Lord Macaulay,
was instrumental in drafting a comprehensive penal code. This code, approved in 1862
which laid down definitions of crimes and criminal behaviour.
8. The criminal justice system comprises various components, including the Penal Code,
Criminal Procedure, Law of Evidence, and Constitutional provisions defining rights
and duties of the state and subjects.
9. Judicial interpretation of legal provisions, along with judicial activism, has
significantly contributed to the growth and development of the criminal justice system
over time.
10.The criminal justice system continues to evolve, adapting to changing socio-economic,
political, and technological advancements, with ongoing reforms aimed at enhancing
efficiency, fairness, and accountability.

Constitutional Provisions

Following are the various provisions related to the Criminal Justice System enshrined in the
Constitution of India:

1. Article 21 lays down the Right to Life and Personal Liberty, which says, "No person
shall be deprived of his life or personal liberty except according to the procedure
established by law."
 2. Article 20 offers Protection in respect of the Conviction of Offences. This recognizes
three basic principles of criminal liability, i.e., Protection against the application of ex
post facto law, the prohibition against double jeopardy, and Protection against self-
incrimination.
3. Article 22 imposes three important limitations on the powers of the State to arrest a
person. These include communication of grounds of arrest to the arrestee, an arrestee
will be given the right to consult and be defended by a council of his choice, and the
arrestee would be produced before a magistrate within 24 hours of his arrest.
4. Article 14 lays down the principle of "Equality before the Law." this ensures the non-
discriminatory application of the process of criminalization on all citizens.
5. Article 39A of the Constitution of India directs the state to ensure equal justice and
provide free legal aid to its citizens. This article emphasizes the importance of access
to justice for all individuals, regardless of their socio-economic status, ensuring that
legal assistance is not limited to those who can afford it. The National Legal Services
Authorities Act of 1987 was enacted to comply with this provision.
6. Articles 32 and 226 of the Indian Constitution empower the constitutional courts, i.e.,
the Supreme Court and the High Courts respectively, to enforce fundamental rights
through judicial remedies.
7. All the matters related to criminal law and criminal procedure, as included in the
Bharatiya Nyaya Sanhita (BNS) Bharatiya Nagarik Suraksha Sanhita (BNSS),
are included in the concurrent part of the 7th Schedule of the Constitution, along with
the exceptions.

Hierarchy of Courts

Supreme
Court

High
Court

Session
Court
Two Models of Criminal Justice System

Adversarial system and Inquisitorial system.

Adversarial system

1. It is followed in Common Law Countries which were once colonies of a particular

country.
2. There is a prosecution advocate and a defence advocate who argue before the court,
and the case is decided on the basis of principles of evidence law and procedural laws.
3. The judge plays a passive role and decides the case on the basis of arguments between
the two counsels and evidence shown in court.
4. This system presumes the accused to be innocent until proven guilty beyond a
reasonable doubt.
5. India follows this system because it was once a colony of the British empire and hence
called a common law country.
6. The prosecutor represents the state, as it is presumed that a crime has been committed
against the state at large, and so, it is the obligation of the state to provide justice.
7. In this system, both parties are given rights to a fair trial and hearing, and so justice is
delayed.

Inquisitorial system

1. It is followed in civil law countries.

2. In this system, the judge plays an active role and can himself investigate the matter
and decide the case on the basis of investigation and inquiry.
3. The counsel from each side is present, but there is no cross-examination of witnesses.
4. The decision and its accuracy depend on the prudence and skills of the judge.
5. This trial procedure is much faster in this system, and it is not costly.
6. It is less formal, and the determination of justice does not depend on the advocate but
on the ability of each particular judge.
Comparisons between the adversarial and inquisitorial system
Basis of
Adversarial system Inquisitorial system
comparison

The aim is to extract the truth by way of

The aim is to extract the truth by way
arguments between the two counsels from
Aim of investigation and inquiry by the
each side on the basis of evidence and
judge.
witnesses.

Precedents do not have much

Precedents These are binding and important in a case.
importance in this system.

It is the duty of the police to investigate the

Investigation in this system is done by
matter and find evidence related to it while
Investigation the judge himself, or he may delegate
the judge delivers justice on the basis of the
this duty to government officials.
facts and evidence of each case.

There are 2 parties i.e., state and accused.

The state is represented by a public
There is no cross-examination and re-
prosecutor and the accused by a defence
Trial examination; witnesses can only be
advocate. During the trial, witnesses are
interrogated.
examined, cross-examined and then re-
examined.

The law related to evidence is more

stringent and there is a clear distinction
between admissible and inadmissible The law related to evidence is liberal
Evidence
evidence. Hearsay evidence is an exception and there is no rule of hearsay.
to the rules of evidence and is
inadmissible.

The victim himself files the case and

A victim cannot be said to be a party to a
is the party to it, unlike the adversarial
Role of victim case as the state takes cognizance of the
system where the state takes
case.
cognizance of the case.

There are special courts to deal with

each matter differently, like
In this system, there is a clear hierarchy of
administrative courts for
Courts courts and they have the power to
administrative matters; constitutional
adjudicate cases.
matters are dealt with in different
courts, etc.

An accused is presumed to be innocent

Presumption of
until proven guilty, and the prosecution has There is no such presumption.
innocence
to prove this beyond a reasonable doubt.
Models of Criminal Justice Process

The criminal justice system can be quite complicated, especially in the attempt to punish
offenders for wrongs committed. Society expects the system to be efficient and quick, but the
protection of individual rights and justice fairly delivered. Ultimately, the balance of these
goals is ideal, but it can be challenging to control crime and quickly punish offenders, while
also ensuring our constitutional rights are not infringed upon while delivering justice.

In the 1960s, legal scholar Herbert L. Packer created models to describe exceeding
expectations of the criminal justice system. These two models can be competing ideologies
in criminal justice.

 Crime Control Model

 Due Process Model

Crime Control Model

1. The crime control model aims for efficiency in controlling crime to maintain public
safety and order.
2. It prioritizes controlling crime over individual freedoms which makes it a conservative
approach.
3. It advocates for quick and harsh punishments for offenders to deter crime and protect
society.
4. Justice process resembles an assembly line where law enforcement swiftly apprehends
suspects, courts determine guilt, and offenders receive severe punishments.
5. Ultimately, the goal is to ensure society feels safe from crime threats, even if it means
compromising some individual rights.

Due Process Model

1. The due process model aims for a criminal justice system that is just and fair for
everyone and ensures that no one's constitutional rights are violated.
2. It views the justice process as more like an ‘obstacle course’, where every step must
be carefully navigated to protect individuals' rights, rather than a quick ‘assembly
line’.
 3. Someone in this situation is assumed to be innocent until proven guilty and they
should only be declared guilty through clear and formal decision-making procedures.
4. The focus is on ensuring that procedures are fair and just, even if it means the process
takes longer to uphold the rights of the accused.

Depending on society and location, crime control and due process models – separately and
used together – seem to be more effective. The crime control model has been shown to work
in highly populated areas due to reducing crime in areas that are more prone to higher crime
rates. The due process model is more effective for reducing the number of wrongful
convictions. Each model can have positive outcomes on communities and regions.
UNIT - 2
Police System
Police are agents or agencies, usually of the executive and is in charge of keeping order in a
community. Police are like the law enforcement team in charge of keeping order in a
community. They have the power to use force when necessary to make sure people follow
the rules. When it comes to criminal justice process, they're the ones who usually start the
process by investigating and taking action. But beyond that, their main job is to make sure
everyone stays safe and that things run smoothly in society by maintaining law and order,
and protecting people and their belongings. So basically, they're the most important group
responsible for keeping peace and order in our communities.

Historical Development
1. Police organizations have been around since ancient times, with mentions in texts
from Greek, Roman, Chinese, and Indian cultures.
2. Ancient Indian texts like the Mahabharata, Ramayana, Manu smriti, and others
mention the existence of a police system during the Gupta, Maurya, and Mughal
dynasties, reflecting the long history of policing in India.
3. The first police force similar to what we have today was established in 1667 under
King Louis XIV in France. But the modern police trace their roots back to the 1800s,
with the establishment of the Marine Police in London, the Glasgow Police, and the
Napoleonic police of Paris.
4. The London Metropolitan Police, established in 1829, is often considered the first
modern police force. It focused on preventing crime and disorder in urban areas.
5. In India, the modern police system was established by the colonial British
government. The Police Act of 1861 and various police commissions played important
roles in shaping the Indian police system.
6. The British Empire's interests heavily influenced the organization and structure of the
police system in India during colonial rule.
Organization of Police System

The Indian police organizational setup has virtually remained the same since past century. It
is ironical that the Police Act of 1861 has hardly changed due to changes in an around them.
Despite the new democratic, secular, socialistic, welfare and humanitarian values vouched
for in the Constitution after independence in 1947, the Indian police, by and large follows the
philosophy of Para-militarism.

The constitution of India provides that the police is the state subject. It is therefore for the
state to maintain peace and security within their territorial jurisdiction. There are, however,
certain situations which authorize the Centre to intervene in the law and order problems of
the State because the Centre is under a duty to protect the States from internal disturbances.
Primarily it is the duty of the State govt. to maintain the civilian police force. Besides the
state police force there are certain police force establishments at the Union level, such as the
Border Security Force, the Railway Protection Force, the Central Reserved Police Forces, or
the Central Industrial Security Force.

The police set up in India is essentially divided into following broad categories: -

1. The general police which look after the general police work and assist in crime
investigation, detection crime control and it’s also involved in law-and-order
maintenance and enforcement of law.
2. The special arm force is paramilitary force which are there to assist the general police
in maintaining the law and order and performing specialize duties like border
securities large scale riots, election duties, VIP and Industrial security, disaster relief
and general public order maintenance.

Apart from these two basic categorizations there are specialized police services which take
care of particular policing jobs like

a) Railway police
b) Intelligence Police agencies
c) Traffic police
d) Women Police
 e) Border Security Police
f) Specialized Investigative Police Agencies
g) Armed Reserves
h) Specialized Security Agencies.

The above category exists at state level as well as at the central level.
The constitution gives states the power to control and manage their police forces because
maintaining law and order is their responsibility. The central government only deals with
specific central police organizations listed in the constitution. While the constitution lists
policing as a state matter, it includes several related areas like preventive detention and arms
regulation under central government control. The central government also sets rules for the
selection and service conditions of All India Police Services, while the states handle these
matters for lower-ranking officers.

1. The Director-General of Police (DGP) reports to the Home Secretary, who is a career
civil servant belonging to the Indian Administrative Service (IAS).
2. The Home Secretary is accountable directly to the Chief Secretary, the head of the
civil service, and subsequently to the Minister in charge of the Home Department.
3. The rank of Inspector-General of Police was upgraded to Director-General to widen
career prospects for IPS officers and address increased responsibilities due to political
and social tensions.
4. At the bottom of the police hierarchy is the Police Constable (PC), who is considered
the frontline of the force.
5. Between the PC and the DGP, there are nine levels of officers within the police
hierarchy.
6. Each state has a police headquarters headed by the DGP, responsible for administering
the entire state's police force.
7. The police headquarters comprises specialized departments, each headed by an
Additional Director General of Police, overseeing specific functions such as criminal
investigation, intelligence, and administration.
8. The district police administration is headed by the Superintendent of Police (SP), who
is accountable to the District Collector for maintaining peace and controlling crime.
9. The SP oversees multiple police stations, with each station headed by a Station House
Officer (SHO), typically a Sub-Inspector (SI) in rural areas and an Inspector or Deputy
Superintendent (DSP) in urban areas.
10.The SHO is responsible for the administration of the police station, managing staff
operations, and handling tasks related to detection, investigation, and prevention of
offenses within their jurisdiction
Objectives and Functions of Policing

The police as law of enforcement officer are required to serve the community by
protecting all persons against illegal acts which is consistent with high degree of
responsibility required as per the law. The police functions are multi furious and multi
dimensional. The powers given by the law to the police makes the police one of the most
important elements in the initiations of criminal justice process and at the same time
makes the police completely responsible as an agency working towards social cohesion
and public peace. The functions of police in the modern democratic society have
multiplied and the role expectation has also increased. Major functions of police can be
listed through the following points -:
1. Promote and preserve public order;
2. Investigate crimes and where appropriate, to apprehend the offenders and participate
in subsequent legal proceedings connected therewith;
3. Identify problems and situations that are likely to result in commission of crimes;
4. Reduce the opportunities for the commission of crimes through preventive patrols and
other appropriate police measures;
5. Aid and cooperate with other relevant agencies in implementing appropriate measures
for prevention of crimes;
6. Aid individuals who are in danger of physical harm;
7. Create and maintain a feeling of security in the community;
8. Facilitate orderly movement of people and vehicles;
9. Counsel and resolve conflicts and promote amity;
10.Provide other appropriate services and afford relief to people in distress situations;
11.Collect intelligence relating to matters affecting public peace and crimes in general
including social and economic offences, national integrity and security; and
12.Perform such other duties as may be enjoined on them by law for the time being in
force.
13.To protect constitutional guarantees such as right of free speech and assembly.
14.To assist those who can’t care for themselves; the intoxicated, the addicted, the
mentally ill, the physically disabled, the old and the young.
15.To create and maintain a feeling of security in the community.
16.Regulation and control of private morals and public decencies of life.

The primary functions of police are the prevention and detection of crime and to
maintain public peace and order in the society. The rights and duties of the police to
inflict punishment are limited. Since there job is to pick up criminals from the society
they play vital role in bringing the offenders to the justice.
Prison
Prisons are known to have existed throughout the history. Prison is known by different
names in different countries like correctional facilities, detention centres, jails, remand
centres, etc. Prisonization personifies a system of punishment and some sort of institutional
place for convicts and undertrials during the period of trial. There is no society without crime
and criminals, that’s why prison is indispensable for every country. The objective of
punishment can be achieved by imprisonment.

Prisons are not normal places. The prisoners are deprived of freedom and personal contacts
with family and friends and the real purpose of sending criminals to prison is to transform
them into honest and law-abiding citizens but in actual practice, the prison authorities try to
bring out reformation of inmates by use of force and compulsive methods. Consequently, the
change in the inmates is temporary and lass only till they are in the prison as soon as they are
released, they again get attracted towards criminality. It is the reason that the modern trend is
to lay down greater emphasis on the prisoners so that they can be rehabilitated to normal life
in the community. This objective can be achieved through some techniques of Prison reforms
such as Probation and Parole.

Historical Development

The evolution of prison system in India is very complex systems of the world to understand.

a) Ancient Indian prison system

b) Medieval India
c) Modern India
d) Prison system post-independence

1. Prisons have been a part of Indian society since ancient times, with Brihaspati
advocating for closed prisons while Manu disagreed with this approach.
2. Punishments during early periods were often public events aimed at shaming the
offender and deterring others.
 3. Hindu and Mughal periods saw punishments like death sentences, hanging, whipping,
and torture, with prisons being places of terror.
4. In the 18th century, imprisonment with hard labour became a common sanction for
offenders.
5. British colonial rule brought penal reforms to India, improving prison conditions and
introducing changes to the system.
6. Prisoners were classified into violent and non-violent categories, and efforts were
made to eradicate corruption among prison staff.
7. The appointment of the Inspector General of Prisons in 1855 aimed to maintain
discipline among prisoners and authorities.
8. Harsh conditions in Indian prisons led to concerns about hygiene and health,
prompting reforms like proper food, clothing, and medical treatment.
9. The Prisoners Act brought uniformity to prison management, abolished whipping as a
punishment, and marked a shift away from capital punishment.
10.The 19th century witnessed significant changes in state punishment, with the birth of
modern state prisons and the introduction of various models.

Prison Reforms – Prior Independence

1. TB Macaulay initiated the modern prison system in India in 1835, and a Prison
Discipline committee was appointed in 1836 to recommend reforms which focused on
stricter treatment for prisoners.
2. It submitted its report on 1838. This committee recommended increased rigorousness
of treatment while rejecting all humanitarian needs and reforms for the prisoners.
3. Central Prisons were built from 1846 based on the recommendations of the Macaulay
committee.
4. In 1864, 2nd commission recommended improvements in prisoner accommodation,
diet, and medical care, alongside stricter treatment.
5. The Indian Jail Reforms committee in 1919-20, led by Sir Alexander Cardew,
suggested fixing maximum capacity for jails depending on its size and shape.
6. A Jail Reform committee in 1946 was constituted and it proposed treating child
offenders differently, constructing modern jails, and classifying women offenders,
habitual offenders, handicapped offenders.
Prison Reforms – Post Independence

1. After independence of India, the work on the reformation of jails speeded up.
2. In 1956, transportation punishment was replaced with life imprisonment after India's
independence.
3. The Pakawasha Committee in 1949 allowed prisoners to work on road construction for
wages.
4. Dr. W.C. Reckless recommended prison reforms in 1951 which led to the appointment
of a committee to draft an All-India Jail Manual in 1957.
5. The All-India Jail Manual Committee was formed in 1957 to create a model prison
manual, which was submitted in 1960 for uniform adoption across India.
6. The All-India Committee on Jail Reforms, chaired by Justice Anand Narain Mulla,
operated from 1980 to 1983, with the aim of reviewing prison laws and regulations.
7. In 1986, the Juvenile Justice Act was enacted, establishing observation, special, and
juvenile homes for neglected children and juvenile delinquents, separate from regular
prisons.
8. In 1987, the Justice Krishna Iyer Committee was appointed by the Government of
India to study the situation of women prisoners in the country.

The Supreme Court, in its landmark decision in Ramamurthy v. State of Karnataka

(1997) 2 SCC 642
This case identified nine major problems which needed immediate attention for
implementing
prison reforms.
a) Overcrowding
b) Delay in trial
c) Torture and ill treatment
d) Neglect of health and hygiene
e) Insufficient food and inadequate clothing
f) Deficiency in communication
g) Management of open prisons

Prison is a state subject under List- II of VIIth schedule in the Indian Constitution. The
management and administration of prisons falls exclusively in the domain of the state
governments and is governed by the Prisoners Act, 1894. Therefore, the states have the
power to change the current prison laws, rules and regulations. The important statutes of the
Prison laws in India are as follows –

i. The Indian Penal Code, 1860

ii. The Prisons Act, 1894
iii. The Prisons Act, 1900
iv. The Identification of Prisoners Act, 1920
v. The constitution of India, 1950
vi. The Transfer of Prisoners Act, 1950
vii. The Representation of People Act, 1951
viii. The Prisoners (Attendance in courts) Act, 1955
ix. The Probation of Offenders Act, 1958
x. The Code of Criminal Procedure, 1973
xi. The Mental Health Act, 1987
xii. The Juvenile Justice (care & Protection) Act, 2000
xiii. The Repatriation of Prisoners Act, 2003
xiv. Model Prison Manual, 2016

CLASSIFICATION OF PRISONERS

Prisoners can be categorized in three manners as under: -

 Pre Trial-Prisoners
 Under trial prisoners
  Convicted prisoners

Pre-trial prisoners

Pre-trial prisoners are the accused, detained who are under the custody of the state for the
purpose of interrogation and investigation based on FIR or evidences found during the
investigation. They are in the custody of state for very limited period.

Under Trial Prisoners

Under trial prisoners are the prisoners who are in the Judicial custody i.e jail awaiting the
trial in their case. Their charge-sheet may or may not have been prepared by the police
authority or judiciary.

Convicted Prisoners

Convicted prisoners are the prisoners who are found to be guilty of some particular offence
which is committed by him after due process of law. They are punished by the competent
court as a penal action to be kept in prison.

PROBATION

Probation is the status of a convicted offender during the period of suspension of the
sentence in which he is given liberty conditioned on his good behaviour and in which the
state by personal supervision attempts to assist him to maintain good behaviour.

The word Probation is a very significant tool of reformative penology; it is basically a period
during which the convict ordered to undergo sentence remains, instead of being in prison,
under supervision. The release of the convict on probation serves as a reformative treatment
plan prescribed by the convicting court and in the course of this treatment, the conviction on
probation lives within his community and modulates his own life under conditions imposed
by the court and remains under the supervision of a probation officer.

THE PROBATION OF OFFENDERS ACT, 1958

Section 3: Power of court to release certain offenders after admonition.

An admonition is a release of an offender after a due direction, warning or advice from a

judge. A person is given admonition rather than punishment or probation if,
 1. Committed an offence punishable under section 379 or section 380 or section 381 or
section 404 or section 420 of the Indian Penal Code.
2. Any offence with a maximum punishment of 2 years or fine or both.
3. No previous convictions.
4. The court believes based on the circumstances, the nature of offence and the character
of an offender.

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

Clause 1-

The court can release a person on probation if,

1. A person is found guilty of an offense not punishable by death or life imprisonment,

2. The court believes based on the circumstances, the nature of offence and the character
of an offender, that it's appropriate to give them a chance to have good conduct.

The person has to enter into a bond, with or without sureties and promise to behave well with
peace and good behaviour for a certain period, not exceeding 3 three years. The person must
have a stable home or job in the area where the court has authority.

Clause 2- Before deciding on probation, the court must consider the report from the probation

officer, if there is one which is related to the case.

Clause 3- If the court thinks it's best for both the offender and the public then it can also issue

a supervision order. This means the offender will be supervised by a probation officer for a
specified period which is not less than 1 year, and they may have to follow certain rules set
by the court during this time.

Clause 4- Before releasing the offender under a supervision order, the court will ask them to

enter into a bond with or without sureties to follow the conditions set in the order. These
conditions may include where they can live, staying away intoxicants, or other rules to
prevent them from committing the same or other offenses again.

Clause 5- When the court issues a supervision order, it must clearly explain the rules to the

offender and provide them any sureties and the probation officer with a copy of the order.

Section 5: Power of court to require released offenders to pay compensation and costs.
  The court, when releasing an offender, can also order them to pay compensation for
any harm caused by their crime and cover the costs of the legal proceedings.
 This compensation can be collected as a fine, following the rules laid out in the law.
 If there's a separate civil court case related to the same incident, any compensation
paid by the offender in the criminal case will be considered as awarding damages in
the civil case.

Section 6: Restrictions on imprisonment of offenders under twenty-one years of age.

 If a person under 21 years old is found guilty of a crime punishable by imprisonment

(but not life imprisonment), the court should not necessarily send them to prison.
 Instead, it should consider if dealing with them under certain sections, like offering
probation or a warning, would be better.
 If the court decides to give a jail sentence, it has to give reasons.
 To make this decision, the court will ask a probation officer for a report on the
offender's background and consider any other relevant information about their
character and well-being.

Section 7: Report of probation officer to be confidential.

 The report from a probation officer mentioned in section 4 or section 6 is kept private.
 However, if the court believes it's necessary then it can share the main points of the
report with the offender and allow them to provide relevant evidence or information
related to what's in the report.

Section 8: Variation of conditions of probation.

 If a probation officer feels it's necessary to change the conditions of an offender's

bond, the court can do so during the bond period, either by extending or shortening the
time or by changing or adding conditions but not exceeding 3 years. However, the
court must give the offender and their surety a chance to speak up before making any
changes.
 If a surety doesn't agree with the proposed changes, the court may ask the offender to
get a new surety. If the offender refuses or can't find one, the court may punish them
for the original offense.
  Even if an offender has a bond, the court can cancel it if the probation officer proves
that the offender doesn't need supervision anymore due to good behaviour.

Section 13: Probation Officers.

A probation officer can be:

a) Someone chosen by the State Government or recognized by them for this role,
b) Someone provided by a society recognized by the State Government, or
c) In special cases, any other person suitable for the job as decided by the court.

If needed, the court or the district magistrate can appoint a new probation officer instead of
the one originally named in the supervision order.

Section 14: Duties of Probation Officers.

A probation officer has specific duties, which include:

a) Inquire and investigate the circumstances of the situation or home surroundings of

someone accused of a crime, as directed by the court, to help the court decide on the
best way to handle their case and submitting reports to the court.
b) Keeping an eye on probationers and others under their supervision, and helping them
find suitable jobs if needed.
c) Helping offenders pay any compensation or costs ordered by the court.
d) Advising and assisting individuals (as prescribed) who have been released under
section 4 of the law.
e) Doing any other tasks required by the law.