CHAPTER IV

ROLE OF THE PROBATION OFFICER

The probation officer plays a vital or important role in the criminal

justice system. He works as the main pole for the reformation of the offenders,

helps in repentance of the offenders and rehabilitate them as a good person

in the society.

Primarily, the Probation Officer is an officer of the court. He has to

operate as an authoritarian instrument of the State. He is supposed to be a

guide, philosopher and friend of the probationer. The Probation Officer has to

play supporting roles for the probationers. He has to function as a mentor,

substitute father or substitute brother. Thus, with fully equipped professional

skills, he has to apply social case work method in the implementation of

probation treatment. For achieving this object, the Probation Officer has to

work with the family of the probationer.1

The role of the Probation Officer is stated in The Probation of

Offenders Act under Sec 14 and in the Maharashtra Probation of Offenders

Rules 17.18, 19 and 22.

1 B D. Khatn, Law of Probation in India, Lucknow. Eastern Book Company, (1980), p.22
 91

> DUTIES OF PROBATION OFFICERS:

According to Probation of Offenders Act 1958 -Sec. 14 gives

information regarding the Duties of probation officers2 that, a probation officer

shall, subject to such conditions and restrictions, as may be prescribed,—

(a) inquire, in accordance with any directions of a Court, into the

circumstances or home surroundings of any person accused of an

offence with a view to assist the Court in determining the most suitable

method of dealing with him and submit reports to the Court;

(b) Supervise probationers and other persons placed under his

supervision and, where necessary, endeavour to find them suitable

employment:

(c) Advise and assist offenders in the payment of compensation or

costs ordered by the Court;

(d) Advise and assist, in such cases and in such manner as may be

prescribed, persons who have been released under section 4; and

(e) Perform such other duties as may be prescribed.

Further the Maharashtra Probation of Offenders Rules, 1966 gives

information about the Probation Officers duties under Sec. 17 regarding the

2 The Probation of Offenders Act 1958, [Act No. 20 OF 1958] [116th May, 1958.]
 92

Pre-sentence report3—

(1) For the purpose of Section 14(a) of the Act, the Probation

Officer shall, after making discreet inquiries regarding the offender's

character and antecedents, his social and environmental conditions,

the financial and other circumstances of his family, the circumstances

in which the alleged offence was committed and any other facts which

the court has directed him to enquire into, put down the relevant facts

fully and faithfully in the report, as nearly as may be Form III.

(2) The summary of the case shall include an objective

statement of facts along with the Probation Officer's assessment of the

case, so as to help the court in determining the most suitable

method of dealing with the offender after he is found guilty.

(3) The report shall be treated as "confidential" and delivered to

the court on the date specified by it; it should be enclosed in a sealed

cover, if sent to the court or delivered on a date prior to the date of

delivery of judgment.

In addition to the duties under section 17 the Probation Officer has duty

of supervision of the probationer which has been explained under section 18

of the Maharashtra Probation of Offenders Rules, 1966. They are as under-

Sec.18. Supervision of Probationers4—

3 the Maharashtra Probation Of Offenders Rules, 1966

4 Ibid.
 93

(1) The Probation Officer shall act as a friend and guide of the

probationer. For this purpose, he shall, subject to any provision of the

supervision order, require the probationer to report to him at stated intervals,

meet him frequently and keep in close touch with him.

(2) At the first meeting the Probation Officer shall—

(a) Explain to the probationer the conditions of the supervision

order;

(b) Advise him as to how he should conduct himself; and

(c) Specify the days on which he should report to the officer, the

time and place of reporting being so arranged as to avoid unnecessary

hardship to the probationer and to secure proper privacy, and inform

the probationer that any omission on his part in so reporting will have to

be satisfactorily accounted for.

(3) The Probation Officer shall visit the probationer periodically in

his home surroundings and, where appropriate, his occupational environment,

in order to see the progress made by the probationer and the difficulties if

any, meet with by him.

Provided that in the case of young offenders attending school or

college, the Probation Officer shall not visit the probationer in the institution,

but may make discreet enquiries of the teacher or tutor or head of the
 94

institution regarding his attendance, conduct and progress, without prejudicing

the probationer's interest in any way.

(4) The frequency of the meetings, including visits by the Officer,

should depend upon the conduct and mode of life of the probationer and upon

the progress he is making. But the number of meetings should be, unless the

court directs otherwise, not less than—

(a) Once a week, during the first month;

(b) Once a fortnight, during the rest of the first half of the period of

probation: and

(c) Once a month during the remaining period.

(5) The Probation Officer shall endeavour, by example, advice,

persuasion and assistance and, where necessary, by warning, to ensure that

(a) The probationer does not violate the conditions of the supervision

order or commit any further offence and behaves in confirmity with law

and

(b) his behaviour, attitude towards society, habits, character and

morals improve, so that he may not revert to crime.

(6) The Probation Officer shall also take such action as he deem

necessary for better regulation of the conduct and mode of life of the

probationer or for closer supervision over him.

 95

(7) The Probation Officer shall also advise and help the probationer

in attending hospital, psychiatric clinic, occupational training centre and

other similar matters if and when necessary for the improvement of the

probationer's prospects.

Now, the Probation Officers are also having the duties regarding the

Court. He has to keep a great relation with the Court. This relation has been

developed due to the offenders regarding whom they have to give or suggest

to the Court to that they are eligible to consider for probation or not. The

duties regarding Relation to the Court are explained in Section 19 under the

Maharashtra Probation of Offenders Rules, 1966. They are as under-

Sec.19.Duties in relation to courts5—

(1) The Probation Officer may move the court before which the

probationer is bound, to vary the conditions of the bond by way of tightening

or relaxing them, as may be required by the conduct of the probationer.

(2) If the Probation Officer considers that the probationer has made

sufficient progress and further supervision is not necessary, he shall make an

application to the court in consultation with the District Probation Officer under

intimation to the Chief Probation Superintendent for discharging the bond

under sub-section (3) of Section 8 of the Act.

5 the Maharashtra Probation Of Offenders Rules, 1966

 96

(3) If a probationer fails to observe any of the conditions of the bond or

behaves in a manner indicating that he is not likely to fulfill the purpose of the

supervision order, the Probation Officer shall report the fact to the court and

the District Magistrate, through the District Probation Officer for such

action as may be considered necessary.

(4) The Probation Officer shall consult the District Probation Officer

with regard to appeal or revision under Section 11 of the Act.

The probation officers along with these duties have some other duties

under section 226. They are as under-

Sec.22. Other Duties of Probation Officer7.—

The Probation Officer shall also undertake the following functions

under the guidance of the District Probation Officer namely:—

(1) Educating the public and mobilising support for the probation

system;

(2) Mobilising public assistance and co-operation in the field of social

defence:

(3) Being in charge of any institution or other premises referred to in

Rule 33 that may be assigned;

6 the Maharashtra Probation Of Offenders Rules, 1966

7 Ibid.
 97

(4) Any other duties of a cognate nature which may be assigned by

order of the Director of State Government.

In addition, an internal circular was issued by the Commissionerate of

DWCD8 dated 14 Sept 2006 which raised concerns over the lack of effective

use of The Probation of Offenders Act. It emphasized the need to meet the

target of 125 units under The Probation of Offenders Act. The circular also

stated how the department was aware of a few Probation Officers who were

not doing any work under this Act and yet were showing the units.

The targets set for the Probation Officer according to the circular are:

1. The District Probation Officers / Probation Officers should visit

courts regularly and submit the monthly report court visits to

Commissioner's Office.

2. The Probation Officers should do a minimum 17 (seventeen) pre-

sentence investigation reports per month.

3. The District Probation Officers should do a minimum 15 (fifteen)

pre-sentence investigation reports per month.

4. The Probation Officer who handles the cases of probationers by

going to the court and working on cases should be given 40 units.

8 Department of women and child welfare. Circular CWYCD/POA/6660 of 29 Sept 2006

 98

5. The District Probation Officer will get the units for his guidance

given to the Probation Officers who have done work under this Act.

6. Rehabilitation reports of maximum number of cases of probationers

and open prison convicts should be submitted.

7. For the effective implementation of this Act, it is necessary to

organise workshops of all District Probation Officers at the

Commissionerate level.

in this context, the Probation Officers were asked to communicate

about problems "that occur during day to day implementation of this Act,

communicating with the courts and problems of getting cases from the courts.

The National Correctional Conference on Probation and Allied

Measures conducted by the Central Bureau of Correctional services in

oct.1971 and recommended that each Probation Officer should have to

complete the work of 125 units per month, calculated as follows9;

1. Pre-Sentence enquires 5 Units

2. Each Supervision case 2 Units

3. Each miscellaneous inquiry 2 Units

4. Court attendance, travelling 2 Units

9 Jyotsna H. Shah, Studies in Criminology probation Services in India, Bombay; M. N. Tnpathi

Pvt. Ltd., (1973).p. 49
 99

time and desk work (in four hourly

blocks)

The District Probation Officer is the second line administrative head of

the Department of Women and Child Development Officers (DWCDO) office.

The District Probation Officer looks after all the acts and schemes including

The Probation of Offenders Act. The District Probation Officer mainly works

on The Probation of Offenders Act and assigns work regarding probation to

the other Probation Officers. He is accountable for monthly reporting to the

Commissionerate regarding work done under the Probation of Offenders Act

and supervision of the work done. The Probation Officer's work includes the

implementation of acts and schemes as assigned by the DWCDO and District

Probation Officers.

With regard to the specific point of the need for female Probation

Officers in each district, the Department of Women and Child Development

(DWCD) circular10 laid down the following provisions. It is based on the

Supreme Court Petition No. 559/1994 dated 26 April 2006 on the subject of

children of women prisoners.

The circular stated that the Probation Officers should visit prisons and

identify cases which can be given the benefit of probation and that it was the

duty of the Probation Officer to give special attention to the female prisoners

10 No CCP/2005/Pg. No. 268/No-S dated 13.06.2006

 100

living with their children who are less than 6 years of age. The Probation

Officer should ensure that the children between the age of 3yrs - 6 yrs are

sent to a nearby balwadi or anganwadi, to ensure that children over 6 years of

age do not continue to stay in prisons and that they should be produced

before the Child Welfare Committee if they do not have relatives to look after

them. If children of women prisoners are living in a government institution or

an NGO aided by the WCD, the Probation Officers should contact the

superintendent of the institution and facilitate the date and time of meetings

between such children with their mothers in prison. The responsibility of

arranging meetings between the imprisoned mother and the child living in the

institution rests with the institution. Such meetings should also be arranged

during emergencies. When a child is brought to meet its mother in prison, the

prison department should make arrangements of the short-term stay and food

of the child.

Based on interviews with respondents and key informants and review

of circulars and administrative orders of the WCD Department, the following

tasks of the Probation Officers have emerged;

> PRE-SENTENCE INVESTIGATION REPORT:

The Probation of Offenders Act, 1958 under sec. 14 (a) contains a

mandatory provision that whenever the court in its opinion considers it

 101

reasonable to admit an adult-offender above the age of 21 years to the benefit

of release on probation, it must first secure a pre-sentence report from the

Probation Officer11. This report may not be necessary in case the offender is

below twenty-one years of age, but if at all the report it submitted by the

probation officer, it must be taken into consideration. The pre-sentence report

prepared by the probation officer usually contains the details about the

antecedents of the offender, his life history, family background, marital status,

educational standard, social and economic background and the

"circumstances which led him to commit the offence. The report is to be

treated as a confidential document12 by the court.

57119
The report of the Probation Officer should be comprehensive, unbiased

and objective. It should help the court to decide the probation risk involved

while conducting probation investigation. The Probation Officer should not

forget his basic responsibility to the community. Cases which are suitable may

be recommended for granting probation benefit13

Probation investigation consists of four major components as follows;

(i) Collection of data;

(ii) Analyzing the data collected;

(iii) Developing a plan of action;

ii
Ratanlal V. State of Punjab, AIR 1965 SC 444, see also Ramji Mishra'and'Oth. V. State of
Bihar, AIR1963 SC 1088 and Suja V. State. AIR 1964 Raj. 72. V'fV£ & J >'
12
Sec.7, The Probation of Offenders Act, 1958
13 Sec 17 of Maharashtra Probation of Offenders Rules, and B. D. Khatri, Law of Probation in
India, Lucknow: Eastern Book Company, (1980) p 22
 102

(iv) Making a recommendation based on the data.

Thus, while writing the pre-sentence enquiry report, the real portrait of

the offender should be displayed before the court.14

Analysis of the data in the Pre-sentence enquiry report means

answering the questions, i.e., what does the available information tell us about

the offender and his behaviour. Information received must be interpreted in

such a way that the picture of the offender as a whole with his strengths and

weaknesses, attitudes and his feelings, past behaviour, etc. is displayed

before the court.

Secondly, while chalking out the plan of action the Probation Officer

should ask the following questions to himself:

"What are the needs of the community and the offender in this particular 1

situation?"

"What are the goals to be attained?"

"What are the specific courses of action needed to reach these goals?"

The pre-sentence report15 (also known as preliminary inquiry report or

social investigation report) is a confidential document submitted by the

Probation Officer to the court. The relevance of the pre-sentence enquiry

report is that it contains

14 Sec. 17 of Maharashtra Probation of Offenders Rules; and B. D. Khatri, Law of Probation in

India, Lucknow: Eastern Book Company, (1980) p. 22
15 Rules 17(1), Maharashtra Probation of Offenders Rules, 1966, Form III,
 103

1. Detailed information about the individual,

2. His/her background,

3. Socio-economic status and

4. About the psycho-social circumstances which led to the offence.

The charge sheet usually does not have such information about the

accused. Taking into account all this additional information, the magistrate

can then assess whether the benefit of probation can be given in a particular

case.

> PURPOSE OF PRE-SENTENCE REPORT:

The purpose of the Pre-Sentence Report (PSR) is to provide the court,

at its request, with information about the offender which will be taken into

account when the judge is considering sentencing options prior to passing

sentence.16

The pre-sentence enquiry report is to convey a picture of personality

before the court. This information is extremely essential for the

individualisation of justice for the court to consider in making an appropriate

disposition of the matter, based on the particular situation and personality.

16 Jon F. Klaus, UNICRI, Commonwealth Secretariat, Handbook on Probation, Rome/

London, Publication No. 60, (1998) p.32
 104

The Pre-Sentence Report normally contains background information

about the offender(s) obtained from the offender, his or her family, the

community, the police, schools, social service agencies, etc. It also addresses

the employment situation and history, education, personal situation, family

history, marital status, health and medical issues, interests, the circumstances

of the crime, violence used, effect on the victim(s), victim impact statement(s),

attitude to the offence, attitude and cooperation with the arresting officer,

previous criminal history, mitigating factors, as well as highlighting those

criminogenic factors that, unless addressed, are likely to lead to a repeat of

the behaviour. The report normally closes with a recommendation or proposal

to the court regarding the most appropriate sentencing option as to suitability

for programs supervised by the Probation Service or other agencies. This

report is normally accessible to the offender as well as to the judge,

prosecutor and defense counsel.17

The Probation of Offenders Act under sections 4(2) and 6(2) lays down

that report of the Probation Officer is to be considered before giving the

benefit of probation in a case. In Section 6, The Probation of Offenders Act

also makes it mandatory for the magistrate to call for the report of the

Probation Officer and consider giving benefit of probation to a person found

guilty in an offence if he/she is below 21 years of age and where the

maximum punishment does not amount to death or life imprisonment. It also

17 Jon F. Klaus, UNICRI, Commonwealth Secretariat, Handbook on Probation, Rome/

London, Publication No 60, (1998) p.32
 105

states that the magistrate should the record reasons for why an imprisonment

order is being passed in such cases.

The Commissionerate of WCD provided statistical data on the total

number of cases handled under the Probation of Offenders Act in the state for

said period of eight years. This included cases of pre-sentence enquiries,

supervision and those who received support from the grant-in-aid scheme for

released prisoners

One of the challenges faced by Probation Officers with respect to the

pre-sentence reports is the lack of sufficient time to conduct home visits and

enquire in detail before submission of the report to the court. It was revealed

that courts are in a hurry to pass the sentencing order once the guilt of the

accused is proved, due to the heavy pendency of cases in courts. Therefore,

judges give very less time, sometimes as few as two days to file the reports.

Respondents and key informants opined that it was impossible for a Probation

Officer to file a qualitative pre-sentence report if the time period given to file

the report for anything less than ten days to two weeks.

A respondent while sharing his experiences stated that often

magistrates do not use this section even in case of offenders arrested for

petty offences. They push the responsibility to the appellate court (in case a

convict decides to appeal against the imprisonment order, which is rare) and

people end up being detained in the prison for long periods. He further shared
 106

how in such cases, the Probation Officer's report is called for while in his

opinion, there was no need to call for the Probation Officer's report.

Some responses from POs regarding pre-sentence enquiry report are

as follows;

in pre - sentence inquiry we collect information on

1. The family background,

2. Economic condition,

3. Background of offender and behavior'.

In pre sentence inquiry we pay

A. Home visit,

B. Interact with the neighbor and collect information.

If we don't receive sufficient information from offender or from their

home setting then we visit the complainant's house to collect the information.

In case we do not receive any information then we collect information from

police'.

Court demands the enquiry report before the final order.

The court takes a decision based on the report submitted. After the

submission of our first report, the court does not inform us about its decision

taken in that case whether the probation has been allowed or not allowed by

the Court or it has been sent for further appeal in Upper Court.
 107

In a survey18, it has been observed that “Aurangabad Division had the

lowest number of supervision cases i.e.563. The reasons for this skewed

distribution is not clear, it is possible that judges in interior districts may be

reluctant to pass supervision orders, which may be due to a lack of

understanding about the significance of supervision, it is possible that judges

in these areas may be viewing probation as nothing more than a tool of

showing leniency towards minor offenders, rather than as a scientific

instrument of supervised behaviour change and return to the community,

which probation was meant to be”.

> SUPERVISION OF PROBATIONERS:

According to section 14 (b)19 and section 1820 the Probation officer has

a duty regarding the supervision of probationer. There are different aspects in

relation to the probationers who has been given or awarded probation by the

court i.e. Legal as well as Human. When the court is awarding the punishment

to the offender it must see that according to the normal human being the

offender also has the human rights and also has a right to rehabilitate. Hence

supervision is the one of the methods which under the supervision of the

Probation Officer can cure and rehabilitate the offender and also protect the

society from the offenders.

18 Tata Institute of Social Sciences, Study of the Current Status of the Probation System: An
Insider's Viewpoint, Bombay 2008.
19 The Probation of offenders Act, 1958
20 the Maharashtra Probation Of Offenders Rules, 1966
 108

According to Longman21 supervision means 'the act of supervising

someone or something’ and needs constant contact with the person. In other

words supervision means, under this Act, placing an offender in the

supervision of the Probation Officer so as to abide the conditions put on him

during the given period, generally six months to three years.

At the same time there is a duty upon the Probation Officer to mould the

character of the offender. Hence the supervision has two aspects22 -

1. The probationer has to abide by the conditions laid by the courts. In

case of breach of conditions by the probationer, the Probation Officer

has to made a report to the court for revocation of probation order. The

Probation Officer has to keep the balance between the rehabilitation of

the offender and the protection of the society. He has the double work

in this sense. So in case, if the probationer is not showing any

progress in his behaviour, he has to act as a protector of the society.

2. Secondly, the Probation Officer has to accept the probationer as it is,

i.e. with all his defects. He must be able to distinguish between cases

which need very little help and attention, those that respond to the

guidance and counseling and those that required close attention, but

are not responding to his treatment approach.

During the study, it was found that, it is not so easy to change the

attitude of the offender. Mutual respect and confidence about each other,

21 Dictionary of contemporary English, 3rd edition (1st Indian edition), Longman group ltd.
England, 1998.
22 B D. Khatri, Law of Probation in India, Lucknow: Eastern Book Company, (1980).
p. 22 and 23.
 109

understanding each other’s .role and functions would create conditions to

induce attitudinal changes in the individual. During this process, the Probation

Officer has to work with the family of the offender and also with the

community. The Probation Officer has to create the relationship with the

offender during the period of probation and create the faith regarding him in

the mind of the offender. He has to also create the faith in the offender

regarding the determination of his own path and allow him to do so. The

Probation Officer has to stand by him to give him proper guidance and

suggestions and information, which enables him to chalk out rehabilitation

programme in cooperation with the Probation Officer.

Probation is a sentencing alternative that provides selected offenders

the opportunity to serve a criminal sentence in the community under the

supervision of a probation officer. A sentence of probation may require an

offender to pay fines or restitution or to seek counseling for substance abuse

or for entail health or family problems.23

Probation supervision is one of a range of options open to courts when

sentencing individuals found guilty of criminal behaviour. Offenders give an

undertaking to the court that they will be of good behaviour, avoid further

crime and adhere to the conditions of the order. Standard conditions of

supervision include:

1. To be of good behaviour;

23 http.//www.iudiciarv.state.ni us/probsup/
 no

2. To follow the instructions of the supervising Probation Officer; and

3. Inform the supervising officer of any change of address.

There can be additional conditions ordered by the court, depending on the

circumstances of the case. Examples may include:

1. Participation in a training course;

z Residence in a hostel; and

3. Attendance at a treatment clinic or programme.

The court can make an order for probation supervision for the period of

minimum six months to three years.24

> CONSTRUCTIVE ASPECT OF SUPERVISION:

The more constructive aspect of supervision is, the treatment of the

human being to the probationer and by the another Human being i.e. the

Probation Officer on humane ground and which follows the concept of human

rights. Probation cannot be handled in a mechanical manner and requires a

good deal of professional training and skill in working with the people. The use

of scientific techniques of case-work and interview, without developing the

sentimental attachment to the particular probationer or getting involves into

the problems of, the probationer, is needed. Therefore a perfect Probation

Officer will make a combination of efforts in both the directions i.e. to maintain

a disciplined behaviour of the probationer and at the same time giving the

probationer necessary strength and support in his Economic and Social

24http://www.Drobation.ie/Dws/websitepublishinQ.nsf/Content/Offenders+and+their+families~Pr
obation+Supervision
 Ill

readjustment to life in the free community. Along with this the Probation officer

can use the therapeutic aids, material, social and emotional, should be used

to help in this processes of rehabilitation.

The relationship between the probationer and the Probation Officer is a

human relationship and it is one of the functions of the probation officer to

give a sense of security and support to the probationer in his efforts. The

family, the neighbourhood, the school, and the employer are all agencies,

whose support will be necessary for achieving the successful result.25

Releasing the offender on probation and giving the support of

Probation Officer through the supervision process, the society, not only gives

the another chance to the offender, but also, provides him with the

constructive assistance in his social reformation.

> REHABILITATION AND AFTER-CARE OF PROBATIONER:

(1) The Probation Officer shall assist the probationer's rehabilitation in

society, so that he does not revert to crime. For this purpose, the Probation

Officer shall endeavour to secure for the probationer—

(a) Training facilities,

(b) Employment opportunities,

(c) Any necessary financial aid, and

25 Jyotsna H. Shah, Studies in Criminology probation Services in India, Bombay: M. N.

Tripathi Pvt. Ltd., (1973) p 32.
 112

(d) Contacts and associations with normal individuals and congenial

organizations like Boy Scouts and Girls Guides, Youth Organizations

and Community Projects.

(2) The Probation Officer shall try to maintain constant touch with

discharged probationers to follow up the progress made by them toward

their rehabilitation for such periods as may be prescribed by the Chief

Probation Superintendent and submit follow-up report to the District

Probation Officer and the Chief Probation Superintendent.

(3) The Probation Officer shall participate, wherever possible, in After-

Care Schemes and organizations like Nav Jeevan Mandals (Released

Prisoners Aid Societies), District Probation and After-Care Association,

Youth Clubs.

> ROLE OF PROBATION OFFICER AND POLICE:

Probation is considered or regarded as the most important or

effective way of treatment. The probation officer, without the co-operation

of police, cannot work as a surveillant. The role of police is very

necessary. The Probation Officer and police are regarded as two

organisations of the state and their aim and objectives mostly are same.

When their aim and objectives are opposite, the whole system of outdoor
 113

treatment shall fail because it is clear that the police must show the

inclination for helping the probation officers in their work26.

The police have also played an important role in rehabilitation and

socialization approach of juvenile delinquents released from the

institutions. It is considered that when a person is released from indoor

institution, the public does not accept him. He should be accepted by the

society: otherwise he would again get involved in the anti social activities

and repeated crimes. Here, it is duty of the police officer to rehabilitate

such persons in the society and also to see that other agencies like

Panchayat etc. should be conscious of their duty to socialize him and help

him to carry on his normal social functioning. Co-operation is very

necessary between police and Panchayat and both must make

rehabilative schemes for socialization and rehabilitation of these types of

offenders so they gradually adjust themselves with the society27.

Here, the same type of duties are to be followed by the Probation

Officers, they have to help the offender to get rehabilitate and make them

to adjust the offenders with the other members of the society.

26 Social Defence, Quarterly, Vol 55, Number 158, Jan - Dec 2004 (Joint Issue), National
Institute of Social Defence, Ministry Of Social Justice and Empowerment, Government Of
India, p. 53 - 54.
27 Ibid.
 114

Hence the Probation Officer and the Police has the same types of

duties i.e. to rehabilitate the offenders and make them to adjust in the

society.

But, Due to absence of awareness generation programmes for

members of community, they tend to harbour ill feeling both against the

probationers and judiciary as probation is generally regarded as let-off by

community people28.

> COMMUNICATION BETWEEN PROBATION OFFICERS AND

JUDGES29:-

Communication takes place formally, usually in written reports to

the court, with recommendations for the treatment of offender.

The significance of the relationship between probation officers and

Judicial Officers effective communication is essential if probation is to

be viable.

• Factors affecting communications:

1. workload

2. procedures

3. decreased communication between probation officers and judges

4. Handling of cases.

5. problems of probation officers

28 Social Defence, Quarterly, Vol. 54, Number 155, Jan 2003, National Institute of Social
Defence, Ministry Of Social Justice and Empowerment, Government Of India, p. 55.
29 S. Scott MacDonald and Cynthia Baroody Hart, Federal Probation, the Adm Off of the
US Courts, June 1999.
 J

115

6. Problems of judges.

• Roles of the probation officer:

1. a sentencing advisor

2. a counselor

3. director to resources

4. Authority to monitor probation compliance and community safety.

5. Prepares various types of reports for the judges.

6. Provides important source of information.

7. concludes with recommendation report

8. Works as a supervision officer.

9. He gives direction to the probationer for rehabilitation.

10. conducts meetings with the probationers to see the improvement

11. Spend a time for reporting the violators to the court.