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PROBATION AND PAROLE

Table of Contents

QUESTION BANK

Q.1. Write in detail the provisions relation to probation and parole.

Q.2. Define probation. Discuss development of probation.

Q.3. State and explain the provisions of the Probation of Offenders Act. 1958.

Q.4. Discuss that probation aims to mitigate the consequences of severe punishment.

Q.5. Distinguish between probation and parole.

Q.6. Who is probation officer? Explain role of probation officer.

Q.7. What is parole? Nature and role of Authority for granting parole.

Q.8. Define probation. What are essentials for grant of probation?

SHORT NOTES

1 Probation.

2 Admonition.

3 Principles of parole.

Parole in India.

I] Introduction:-

The Act makes two substantive provisions. These provisions empower courts to release offenders (i) after admonition[1] (S. 3) or (ii) on probation of good conduct[2] (S.4).

We will discuss these provisions as follows-

II] Power of court to release certain offenders after admonition (S. 3):-

When any person-

is found guilty of having committed an offence,
(a) Punishable under S. 379 (i.e. Theft), or S. 380 (i.e. Theft in dwelling house etc.), or S. 381 (i.e. Theft by clerk or servant of property in possession of master.), or S. 404 (i.e. Dishonest misappropriation of deceased person property), or S. 420 (i.e. Cheating and dishonestly inducing delivery of property), of the I.P.C, or

(b) any offence punishable with imprisonment for not more than two years,

or with fine, or with both, under I.P.C or any other law, and

(iii) no previous conviction is proved against him, and

the court by which the person is found guilty is of the opinion that having regard to the (a) circumstances of the case, including the nature of the offence, and (b) the character of the offender, it is expedient so to do,

(v) the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct (under S. 4), release him after due admonition.

Thus, the provision empowers the court to release the offender after due admonition, notwithstanding anything contained in any other law for the time being in force. In short, the admonition is to ‘warn strictly’. It shows the provision is mandatory in nature. On conviction, the provision of admonition is to be applied to petty offences.

II] Power of court to release certain offenders on probation of good conduct (S. 4):-

1) Introduction:-

Subjecting convicts to imprisonment creates problems like 1) prisons are overburdened. 2) Prisoners become dependent upon others. 3) They live with other co-prisoners who may be hardened criminals etc., to avoid these problems in the prison system, ‘probation’ is used in selected cases.

In the Rampal V/s State of U.P[3]

Allahabad High Court held that the intention of the law is to afford an opportunity to a person found guilty of a crime for the first time, particularly a person of young age, to reform himself and to come into the mainstream of society unless the facts of the case, the nature of the crime, and the antecedent of the accused do not warrant his release.

2) Provision of Probation under S. 4

When any person-

(i) is found guilty of having committed an offence not punishable with death or imprisonment for life and

(ii) the court by which the person is found guilty is of the opinion that,

(iii) having regard to the circumstances of the case, including the nature of the offence and the character of the offender,

(iv) it is expedient to release him on probation of good conduct then,

(notwithstanding anything contained in any law for the time being in force),
(a) the court may, instead of sentencing him at once to any punishment,

(b) direct that he be released on entering into a bond with or without surety.

(c) to appear and receive sentence when called upon during such period (not exceeding three years) as the court may direct and

(d) in the meantime, keep the peace and be of good behaviour.

(v) 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.

Thus, in short, the benefit of probation is granted in suitable cases wherein an offender is found guilty of having committed an offence not punishable by death or imprisonment for life.

However, before making any order for probation, the court shall consider the report of any of the probation officers concerned in relation to the case.

3) Restrictions on the imprisonment of offenders under twenty-one years of age (S. 6)

When any person under twenty-one years of age is found guilty of having committed an offence punishable with imprisonment (except life imprisonment), the court by which the person is found guilty shall first see that the benefits of S. 3 and 4, i.e. admonition and probation are to be given to the offender.

If the court satisfies itself having regard to the circumstances of the case, including the nature of the offence and the character of the offender, that it shall not be desirable to deal with him with admonition or probation, then only with recording reasons the court can pass a sentence of imprisonment. Thus, the court may not grant admonition or probation in every heinous or terrorism-related case. S. 6, thus, compels courts to use S. 3 and 4 in most cases.

III] PAROLE[4]:-

Parole is of recent origin. It is accepted as one of the most effective correctional devices. It helps for the reformation and rehabilitation of the offender. Moreover, it reduces stress in prison. The concept of parole is much discussed in relation to Sanjay Dutta’s case.

A) Definition of Parole:-

According to Donald Taft, “‘Parole’ is the release from prison after part of the sentence has been served; the prisoner still remains in custody and under stated conditions until discharged and liable to return to the institution for violation of any of these conditions”.

Thus, ‘parole’ is the conditional release of an offender who has already served a portion of the sentence of imprisonment.

B) Distinction between ‘Probation’ and ‘Parole’:-

Parole is the conditional release of an offender who has already served a portion of a sentence in a correctional institution, whereas probation is released without a sentence.
While on parole, the released prisoner remains in custody and under the supervision of the paroling authority, whereas on Probation, ‘ the offender’ remains under the supervision of the Probation Officer.
The parole period may be as long as the time the prisoner would otherwise have served in the institution, or it may be terminated earlier. In contrast, the period of Probation does not exceed three years.
Parole may be revoked for violating parole regulations, and the violator is brought to the institution to serve the remainder of his sentence in confinement. However, in violation of the Probation order, the Court order’s sentence, or if the sentence is already declared, the offender is subjected to different punishment.

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[1] सक्तीची ताकीद देऊन मुक्तता

[2] चांगल्या वर्तनुकीच्या हमीवर मुक्तता करने

[3] 1992 Crimes (2) 434

[4] तुरूंगवासातुन शिक्षेचा काही काळ भोगल्यानंतर काही अटी शर्तीवर मुक्तता, त्या शिर्थीचे उलंघन झाल्यास उर्वरित शिक्षा भोगावी लागते.