AMITY UNIVERSITY RAJASTHAN

PROBATION AND PAROLE ASSIGNMENT

DUTIES OF PROBATION OFFICERS SEC. 14 OF PROBATION

AND OFFENDERS ACT, 1958

SUBMITTED BY- Adnaan Belim SUBMITTED TO- Mr. Abhishek Devanda

BCOM. LLB (Hons.)
8th semester
Introduction
Section 562 of the Code of Criminal Procedure, 1898, was the earliest provision to have dealt with
probation. After amendment in 1974, it stands as S.360 of The Code of Criminal Procedure, 1974.
The Probation of Offenders Act, 1958 contains elaborate provisions relating to probation of offenders,
which are made applicable throughout the country.

Probation
The word probation is a form of the Latin word probare which means to test or prove. Probation occurs
when an offender happens to be released into the community without serving any prison sentence,
however, kept under the supervision of probation officers. The individuals who receive probation are called
probationers. They are usually court-appointed and must make sure that their probationer follows the
rules.

Parole
Parole refers to when an individual serving a term of imprisonment get released into the community, but
remains under the supervision of parole officer.
The parole period is based on a decision made by the board of parole. If the offender violates their parole
while out, they are then placed back into the prison system.

Cases related to Probation and Parole

In the case of Ahmed v. State of Rajasthan, it was held that the benefit of this act cannot be extended to a
person who was indulged in an act which was resulted into an explosive situation.

In the case of Avtar Singh v. State of Haryana, the Supreme Court held that the act of granting parole is an
administrative action, it is a form of temporary release from prison custody, which does not suspend the
sentence of the period of imprisonment.

Duties of A Probation Officer

Sec 14of the Act deals with the duties of a probation officer. It states-
A probation officer shall, subject to such conditions and restrictions, as may be prescribed -
(a) enquire, 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;
(e) perform such other duties as may be prescribed.
What Is a Probation Officer?

According to sec.13 pf probation of offenders act defines Probation officers-

A probation officer under this Act shall be—
(a) a person appointed to be a probation officer by the State Government or recognised as such by the
State Government; or
(b) a person provided for this purpose by a society recognised in this behalf by the State Government; or
(c) In any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation
officer in the special circumstances of the case.
(2) A court which passes an order under section 4 or the district magistrate of the district in which the
offender for the time being resides may, at any time, appoint any probation officer in the place of the
person named in the supervision order.
Explanation—For the purposes of this section, a presidency town shall be deemed to be a district and chief
presidency magistrate shall be deemed to be the district magistrate of that district.
(3) A probation officer, in the exercise of his duties under this Act, shall be subject to the control of the
district magistrate of the district in which the offender for the time being resides.

A probation officer is an officer of the court who regularly meets individuals who have been sentenced to
complete a period of supervised probation. These individuals are typically misdemeanor offenders and
some lower-level felony offenders. First-time offenders form a large majority of those placed on probation.
Placing someone on supervised probation is a way in which the court diverts individuals away from
incarceration in jail.
Those on probation live in our communities, remain at home, are employed or enrolled in an educational
program, and raise their families. The goal of the justice system is to have an individual who is placed on
probation be a proactive member of society while maintaining interaction with their family and sources of
support in the community.
While on probation, an individual may be ordered to participate in substance abuse or domestic violence
assessment to discern if counseling is in order. Additionally, individuals may have to participate in
monitored sobriety by doing breathalyzer or urinalysis tests. Requiring an individual to continue their
schooling and/or work is another typical condition.
Stated in a broad way, the main duty of a Parole Officer is to monitor the development of parolees after
they have been released from prison in hopes of getting them back on the right track. A Parole Officer is
often assigned to an inmate before their release date arrives in order to determine a plan of action that is
most likely to lead to a successful reintroduction to freedom.
1. Supervise Parolees

Parole Officers are responsible for supervising felons who have recently been involved with illegal activity
or been released from prison. Parole Officers provide counseling and advice to their clients to best help
them get back on track and stay out of trouble. They are responsible for consistently monitoring each of
the parolees placed under their supervision.

2. Keep Detailed Records

Since the Parole Officer is the one engaging in consistent communication with each parolee, they are
responsible for keeping very detailed records on each of their cases. These reports will keep track of the
parolee’s progress using things like employment details and information from friends and family members.
The records and reports will be used to determine whether or not the rehabilitation of the client is being
achieved.
 3. Communicate Policies and Procedures

When an inmate is released from prison, they are expected to abide by a long list of policies and
procedures that are conditions of their parole. However, the parolees may not always totally understand
what is expected of them. It is the Parole Officer’s responsibility to review all applicable policies and
procedures and communicate them to their client in a manner that they comprehend.

4. Investigate Parolees

In addition to meeting with their client, a Parole Officer will investigate further by talking to friends, family
members, employers and co-workers. The purpose of these meetings is to discover the effectiveness of the
rehabilitation process and determine how the client is coping. The Parole Officer will often make
recommendations to the court regarding how long a parolee needs to remain under supervision.

Differences Between Parole and Probation Officers

A parole officer and a probation officer both perform different roles. While both deal with convicted
criminals, parole officers deal with criminals who have served a prison sentence. Probation officers help
convicted criminals who have been granted probation—they don't have to go to prison, but they need help
to keep from returning to a life of crime.

Sometimes criminals go to jail or prison, and other times they are sentenced to probation. When convicted
criminals are granted parole or sentenced to probation, they submit to the supervision of a government
employee with specific job duties.

There are many similarities between parole officers and probation officers. They both help convicted
criminals become law-abiding members of society through a mixture of supervision, counseling, social
work, and case management. They plan and coordinate services tailored to each offender’s needs. For
example, parole or probation officer arranges anger management classes for an offender who committed a
crime in a reactionary rage. The necessary skills are identical in the two positions.

While the jobs are very similar, there are a few critical differences between parole and probation officers. 

1. The Individuals Supervised

Parole officers supervise individuals who have been convicted and served time in prison. Parole is typically
granted to offenders before their sentences run out. Offenders serve a significant portion of their
sentences before becoming eligible for parole. When a parole board grants parole to an offender, that
board believes that with some supervision, the offender can reintegrate himself into society and lead a life
free from criminal activity.

Probation officers supervise individuals who have been convicted of a crime but have been sentenced to
probation rather than jail time. Sometimes a judge orders both prison time and subsequent probation, but
the sentence is usually one or the other. When a judge sentences someone to probation, the judge
believes the convicted individual can turn from criminal activity with some guidance from a probation
officer.

People who are sentenced to probation have mixed feelings about the situation. On one hand, they are
upset they've been convicted. On the other hand, they're happy not to be in jail or prison. Their situations
could be much worse. A few counseling sessions and regular meetings with a probation officer are more
than preferable to months or years of incarceration. Meeting with a probation officer is better than living
under the authority of correctional officers.

The fact that a parolee has been in prison poses an additional challenge that a parole officer must face that
a probation officer does not. The parolee has spent years in the company of other convicted criminals.
Some fellow inmates have likely reinforced and glorified criminal behavior if for no other reason than to
maintain status within the prison’s social system. Breaking a pattern of thought that has been ingrained in
the parolee can be difficult. This isn’t to say that probation officers do not have to influence the way people
think; however, those on probation have not lived in an institutional setting for criminals.

2. Oversight Organization

Parole is overseen by a state or federal parole board. and parole officers exercise their authority under the
authority of a parole board. These boards determine whether an offender is ready to be released. Parole
gives offenders a transition between institutionalization and independent living.

Probation is a sentencing option for a criminal court. Probation officers perform their duties as authorized
by the sentencing court. Officers keep the court informed of each individual’s progress toward meeting the
requirements outlined by the judge when the offender was sentenced to probation.

3. Caseload Size

Parole officers tend to carry lower caseloads than probation officers. On average, parole officers meet with
offenders more often than probation officers. The caseload of any parole or probation officer usually
depends on how frequently contacts are required between the officer and individuals supervised. The
contacts required often vary from offender to offender. For example, an offender with a greater propensity
to commit a future crime requires more frequent contact than someone whose crime was an aberration
from normal behavior.