Probation: What is it?

Introduction

• The term probation is derived from the latin word ‘Probare’ which means to test or to prove. It is a technique or method with which the administration aims at betterment and reform of the prisoner.
• Its concept originated in the U.S. where a shoemaker by the name John Augusts volunteered to a judge of Boston to give him custody of a drunkard and he in turn reformed the drunkard.
• According to United Nations, Department of Social Affairs, the release of the offenders on probation is a treatment device prescribed by the court for the persons convicted of offence against the law.
• During probation period the probationer lives in the community and regulates his life under conditions imposed by the court or other constituted authority, and is subject to the supervision by a probation officer.
• In India, the Criminal Procedure Code, 1898 inducted probation in S.562 in the statute and then the Court was given the powers to release certain offenders on probation instead of sentencing them.
• In the Criminal Procedure Code, 1973 sections concerning probation was S. 360, However it has now been held that states wherein the Probation of Offenders Act, 1958 has come to effect there the provisions of CRPC will not apply.

Need for Probation

• Probation has become an important aspect of criminology. It is a non – punitive method of handling offenders. It is a mechanism or an option in the hands of the administration to bring about change in the offender by giving them a opportunity to correct themselves.
• Many a times the offenders who are caught are first time offenders who have submitted to the urge of committing a crime and are not hard core criminals.
• The accused person can be saved from the harsh environment of prison and the social stigma that follows and thereby probation helps him to re-align with the outer world.
• It also acts as a deterrent wherein the accused person realizes the gravity of crime and thus avoids to commit such action causing harm to others.  

How it is Implemented

• In India, Section 3 & 4 of the Probation of Offenders Act, 1958 talk about the release of an offender on probation. Let’s look into the detail as to what these sections say about probation : –  

Section 3

Section 4

• Under this section if the Court is satisfied that a person found guilty having committed an offence which is not punishable with life imprisonment or death and taking into consideration the gravity of the offence committed and the character of the offender, the Court may direct to release him on probation of good conduct.
• This section has a condition that the offender will be released on probation only when the offender signs a bond with or without sureties.
• Court in order to release an offender under this section needs to be satisfied with a permanent address of the offender or his surety.

Role of Probation Officer

• Probation Officers play a big role in release of offenders, probation officers are appointed by the State Government.
• In exercise of his duties the Probation officer will be subject to control of the District Magistrate.
• The Probation officer is bestowed upon with the responsibility to make a report on the offender as well as the reason and circumstances resulting in committing such crime.
• Probation officer is also given the duty to supervise the probationers. He helps them rehabilitate in the outer world and enables them to get employment after their release

Link to the Act

Probation of Offenders Act, 1958