CRIMINOLo@Y

176
entrusted upon the oroh.

The responsibilities and functions

the point of view ofof administratlon bation ofice
administratinon ofte
are crucial and
important form lacunas in the operation of th .0of Just justce.
of
are number Tunctions of probation oonof
However, there of
Offenders Act, 1958, with reference
to
the
to job security. Such job secrThaofficer. The
probation officers should be entitled
favour.
security would
without any fear or
allow them to act
entrusted with discretionary powers so t h . hat
The officer should be thatH Cn
decisions. Again it is understand
essential to understand that the po
independent
take be under control so that there is no arbitrary decision on his part.
should Ners
and again in several reports that since th
It has been stated time are
should be paid remuneration on full
burdened with several duties they
basis.
to visit the probationer and his relafivon
The officer should have a right
at reasonable hours for inspection and
his residence and work place
supervision.
Authority for granting parole: India,
In three Parole
agencies viz. the
the Parole Supervisors are entrusted with
Board, the Case Investigators and
tasks of completing the formalities for grant
of parole. A prisoner's
respective
history is carefully scrutinized before granting him parole. A Parole Board
decides whether a person deserves to be released. After the scrutiny of his
Board also acts as an advisor to help the
history and his current behaviour, the
prisoner rehabilitate smoothly.
A state government is entitled to remit the sentences of the prisoners

against the bond and sureties for such amount and for such period as may b
directed by the state government. Under sec. 4 of the Probation of Offenders
his entering into a bond with
Act, 1958, the court may release a person on
without sureties. Sec 562 of the Code of Criminal Procedure gives discretiona
powers to a criminal court to release a person convicted of an offence punishable
with imprisonment for not more than seven years on probation of good conduct
that anyone
by entering into a bond, with or without sureties. It also enumerates
convicted of theft, dishonest misappropriation, cheating or any offence under
the Indian Penal Code punishable with maximum two years' imprisonmen
could be released after due admonition. However, such paroles do entail certan
terms, the time period, the restrictions on parolee's movements within
specified geographical area and the annulment of parole in case of violation o
any of them by the parolee. In case of Shakuntala Devi vs. State, tne e
High Court observed that a prisoner held for a heinous crime should st
considered a human being and since a human being has feelings, the na
and length of sentence or the magnitude ofthe crime committed by the piio

are not relevant for the purpose of granting parole.

volves
Process involved in parole system: The basic parole system ision
three fundamental processes, viz. preparation, selection and lastuySup
 TREATMENT OF OFFENDER 177

Preparatlon: The prlsoner on hls entering the prison should be

automatically considered to be under the parole system. Interviews and
examinations are conducted where personal answers and queries are
systematically recorded and several reports from the physician, director of
prison industry, educatlonal director and other staff members are compiled in
the prisoner's personal fle. These personnel are requlred to be trained properly
for smooth functloning and success of this system.
Parole Seleection : Certaln yardsticks have to be adopted before selecting9
the parolee, otherwlse the process would result In the mockery and miscarriage
of the Justice as in the case of Biti Mohanty, a rape convict and the son of DG
B. B. Mohanty, who Jumped parole. Such an incldent has reiterated the fear
that the parolees do misuse the freedom glven to them. The Implementation of
the following norms should ensure the success of all the factors of the process

1. Careful selection and scrutiny of the prisoners. Only those inmates

should be selected who have promising personality and reflect that
they shall not become victims of recidlvism.
2. Placement in proper surroundings. For example, an unemployed
parolee should be ensured of an honorable employment on his release
3.
3. Careful follow-up with co-operatlon from the parolee is essential. Anti-
soclal and unfrlendly parolees cannot be successful, resulting in defeat
the purpose of the process.
4. The Parole Board should comprlse intelligent people who are not
personally affected by the outcome of the parole system. Political
appointees should be avoided on the Board. The Parole Board should
be held responsible for the parolee.
5. The Parole officers should be appropriately trained.
6. Discharge of the parolees should be entirely in the hands of the Parole
Board.
Supervision of parolees Supervision of the parolee is extremely
essential to ensure not only the rehabilltation of the parolee but also the safety
and security of the society. Supervision helps to gauge the effectiveness of the
Judiclary. However, supervision should not make the parole feel distrusted or Note on:Supervi
sion.
humiliated.. A constantly prying survelllance would never allow the parolee to
M.U. Dec. 2002
become a confidante or get friendly with the police officer. In the absence of a
friendly environment, the parole system would lose its effectiveness.
David Dressler described four techniques for conducting supervision of
the parolees as under:
Manlpulative technlque : By implementing this technique. positive
changes are sought to be brought in the family and peergroups, co-employees,
employers and social sphere. The officer tries to keep the parolee away from
devlant factors.
178 CRIMINOLOGY

Guidance technique: Psychological methods are effective wherein the

parolees can be given advice and encouragement to become self-reliant,Th
parolee's personality traits and behaviour are studied before allocating any
task to him. However, such parole officers need not have any professionalor
counseling skills to guide the parolees. The parolees are encouraged to take
up community services like teaching or to serve the sick and poor people in
the government hospitals. Such after-care programs can serve useful purposes
Executive technique : In this technique, the parole officer would direct
the parolee to certain welfare and community centres (publicor private). Such
institutions would employ the parolee in their services. The parolee can also
earn wages for such work.
Counselling technique: When serious and chronic personality problems
are discovered in a prisoner, the probation and the parole officers have to
resort to either some external help or to some special counselling. Such
psychiatric help might be essential to remedy the problem and help the prisoner
overcome the same and make the task of supervision easy.

Parole and conditional release

A parole is granted only after studying the case-history of the offender.
This task is normally taken up by the Case Investigator. The parole oficer
should be empowered with sufficient authority to formulate rules, laws and
also take the course of action in case of its violation. The officer should have
the power to determine the supervision conditions and the period thereof. Sec
4 of the Probation Act mentions the various kinds of conditions for the release
of an offender on parole, such as abstinence from addiction of any sort
dissociation with/from other gang members etc. The parole oficer, in short,
should be empowered to exercise his discretionary powers.
Types of Conditional Release : Generally the Parole system is classifed
into four types which are implemented, practically in all the countries, though
the tenure of parole may vary from country to country.
Temporary Absence: This kind of parole is normally granted for medical
reasons or for discharging social obligations such as marriages, funerals etc.
They are sanctioned by the Jail Warden. Such temporary releases allow t
parolee an opportunity to rekindle the desire to be an integral part of the free
and law abiding society. Parolees serving less than 5 years' sentence are
granted leave up to 48 hours per month.
Day Parole Day parole is on daily basis that allows the parolee to
participate in the educational and training programmes, forestry and harvesting
services. Such parole may be granted for a maximum period of 12 months at
a stretch and the parolee has to return to the institution every night.
Full day Parole: After serving as little as one of their sentence
offenders may become eligible for a full day parole fenders, even the
lifers, are subjected to supervision if grantedfull day