Probation

In this case of Jugal Kishore Prasad v. The State of Bihar, The Hon’ble Supreme Court
explained the rationale of the provision: “The object of the provision is to prevent the
conversion of youthful offenders into obdurate criminals as a result of their association with
hardened criminals of mature age in case the youthful offenders are sentenced to undergo
imprisonment in jail.”

Admonition

Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to
release the offender after admonition. An Admonition, in literal terms, means a firm
warning or reprimand. Section 3 says how the offender is benefited on the basis of
admonition after satisfying the following conditions:

When any person is found guilty of committing an offence under Section 379 or Section
380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code,1860 or any
offence punishable with imprisonment for not more than two years, or with fine, or with
both, under the Indian Penal Code, or any other law

An offender should not previously be convicted for the same offence.

The Court considers the nature of the offence and the character of the offender.

The Court may release the offender on probation of good conduct applying Section 4 of the
Act, instead of sentencing him. And,

The Court may release the offender after due admonition, instead of sentencing him.

Case laws

Keshav Sitaram Sali v. State of Maharashtra-- it was held by the Supreme Court that in a
case of petty theft the High Court should have extended the benefit of either section 360 of
the Code of Criminal Procedure or sections 3 and 4 of the Probation of Offenders Act to the
appellant instead of imposing a sentence of fine on him.

In Basikesan v. State of Orissa,-- a youth of 20 years was found guilty of an offence

punishable under section 380 of Indian Penal Code, 1860 and no previous conviction was
proved against him. It was held by the court that the offence committed by the accused was

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not out of deliberate preparation or design but it was a fit case for application of section 3
and he be released after due admonition.

Ahmed v. The State of Rajasthan – In this case, the court said that the benefit of the
Probation of the Offenders Act does not extend to anyone who has indulged in any activity
that resulted in an explosive situation leading to communal tension.

Probation on good conduct

Section 4 of the Probation of the Offenders Act,1958 talks about the release of the
offender on the basis of good conduct. It is a very important Section of the Act. The
important points that must be remembered for the application of this Section are:

Section 4 of the Act is not applicable if the offender is found guilty of an offence with death
or imprisonment for life.

The Court has to consider the circumstances of the case including the nature of the offence
and the character of the offender.

The court may pass a supervision order to release the offender on probation of good
conduct. The supervisory period is not to be shorter than one year. The probation officer
must supervise the individual for such a span in such a situation. In the supervisory order,
the name of the probation officer should be listed.

The Court can direct the offender to execute a bond, with or without sureties, to appear and
receive sentence when called upon during such period which should not exceed a period of
three years. The court may release the offender on good behaviour.

Case laws

Smt. Devki v. The State of Haryana,– In this case, it was observed that Section 4 would
not be extended to the abominable culprit who was found guilty of abducting a teenage girl
and forcing her to sexual submission with a commercial motive.

Phul Singh v. the State of Haryana,– In this case, the court held that the provision of
Section 4 should not be mistaken and applied easily in undeserving cases where a person in
early twenties commits rape. The court, thus, refused the application of probation on such
heinous nature of crime and convicted the person.

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Cost and compensation

Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released
under Section 3 or Section 4 of this Act, even then the court might order:

The offender to pay compensation to the victim for the loss or the injury occurred to him.
Or Cost of the proceeding as the court may think reasonable.

Offenders under 21 years of age

Section 6 of the Probation of the Offenders Act,1958 talks about the restriction on the
imprisonment of offenders under twenty-one years of age. This provision says that
offenders who are under 21 years of age are not sent to prison where the offence is not so
serious as to warrant imprisonment for life or death. Important points to be remembered
before the application of Section 6:

In cases where the accused is below 21 years of age, the Court shall call for the report of the
Probation Officer. If the court’s opinion is not desirable with offender either on the ground
of admonition (Section 3) or on the ground of release on probation of good conduct
(Section 4), the Court can pass sentence of imprisonment on the offender who is under 21 of
years ago but the Court cannot sentence him without recording reasons for doing so. The
Court has an obligation to see whether Section 3 or 4 of the Act applies or not. For this
purpose, the Court must call for the report of the Probation Officer. Therefore, the report of
the Probation Officer is mandatory when the offender is under 21 years of age.

The court considers the nature of the offence and the character, physical and mental
condition of the offender before making any decision.

Case laws --------Daulat Ram v. The State of Haryana– In this case, it was held that the
aim of this Section was to protect the youth. The juvenile offenders would not be sent to jail
if their crime was not as serious as to punish them with life imprisonment or death.
Therefore, the provision should be liberally construed keeping in view the spirit embodied
therein.

Report of probation officers

Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report
of the probating officer is kept confidential. No Probation Officer’s report is necessary to
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apply Section 4 of the Probation of Offenders Act but such report is must under Section 6 of
Probation of Offenders Act if the offender is under 21 years of age. However, if such a
report is available on the record, under Section 4 of the Act, the Court shall not ignore it and
that the Court shall take the report into consideration.

Salient features of the Act

The most important salient feature of the act is

1 The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by

rehabilitating them in the society and avoiding the progression of juvenile offenders
into obdurate criminals under environmental control by locking them in prison with
hardened criminals.
2 This seeks to release first offenders, following proper admonition or notice with
advice who are suspected to have committed an offence punishable under Section
379, Section 380, Section 381, Section 404 or Section 420 of the Indian Penal Code
and even in case of any crime punishable with incarceration for not more than two
years, or with fine, or both.
3 The Act demands that the Court can order such compensation and the costs of the
prosecution for reimbursement by the accused as it finds fair for the damage or injury
to the victim.
4 This Act empowers the Court to free those prisoners on probation in good behaviour
if the crime supposedly perpetrated is not punishable by death or imprisonment for
life. He will, therefore, be kept under control.
5 The Act gives the Judge the right to modify the terms of the bail after a prisoner is
placed on probation with good behaviour and to prolong the probation period not to
exceed three years from the date of the initial order.
6 The Act offers extra protection for people under the age of twenty-one to prevent
sentencing him to prison. However, a person found guilty of a crime punishable by
life imprisonment can not have this clause.
7 The Act empowers the Court to grant a warrant of arrest or summons to him and his
guarantees compelling them to appear before the Court on the date and time stated in
the summons if the defendant placed on bail refuses to comply with the terms of the
bond.
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 8 Under the terms of this Act, the Act empowers the Judge to try and sentence the
defendant to jail. The High Court or any other Court may even make such an order
when the case is put before it on appeal or in revision.
9 The Act offers a significant function for probation officers to support the Court and
oversee the probationers under its supervision and to guide and support them in
seeking appropriate work.
10 The Act applies to India as a whole except for Jammu State and Kashmir. This Act

shall come into force in a State on such date as the Government of the State may
designate, by notice in the Official Gazette. It also gives state governments the right
to put the Act into force on multiple dates in different parts of the State.

The offence for which probation cannot be granted under the Act

There are certain cases in which the Probation of the Offender Act is not applicable. In
normal circumstances the Probation of the Offender Act is not applicable to:

Section 409, 467 and 471 of the Indian Penal Code – these Sections deal with breach of
trust by public servants, forgery of valuable security and will and documents used as a
genuine forgery. State Of Gujarat vs V.A. Chauhan, the court did not grant release of the
offenders on the basis of Section 3 and Section 4 of the Probation of the Offenders
Act,1958.

Probation of the Offenders Act,1958 does not grant the release on the grounds of kidnap or
abduction. In the case of Smt. Devki v. State of Haryana, it was observed that Section 4
would not be extended to the abominable culprit who was found guilty of abducting a
teenage girl and forcing her to sexual submission with a commercial motive.

The Act refrains from providing release of habitual offenders. In the case of Kamroonissa
v. the State of Maharashtra, , the appellant was charged with the theft of gold. She was
punished by rigorous imprisonment. She was under 21 years of age. The probation officer
thus requested the court to grant her the release under Sections 3 and 4 of the probation of
the offender’s Act. The court refused the claim by addressing that the appellant had been
engaging in various crimes before and was arrested in 1971.

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Section 325 of the Indian Penal Code – This Section speaks about the violence that causes
grievous hurt. Thus, the Probation of the Offender Act does not provide a release on this
basis.

Parole

INTRODUCTION

The word parole is derived from the French phrase “je donne ma parole”, which means “I
give my word,” and its dictionary definition is “word of honour”. Parole is the release of a
prisoner on the promise of good behaviour. It is granted to a prisoner either temporarily for
a specific purpose or permanently before the end of a sentence. It could only be given to a
prisoner who has already completed a part of their sentence. Parole laws in India are
administered by rules made under the Prison Act 1894, and Prison Act 1900. So, in India,
each state has its parole rules with some minor alterations from each other.

Types of Parole in India

There are two types of parole in India:

1. Custody or emergency parole

2. Regular parole

1. Custody or Emergency Parole

In cases of emergency, parole is granted while in custody. All convicted individuals, except
foreigners and those serving death sentences, are eligible for custody or emergency parole
for 14 days. It is granted in certain circumstances, such as the passing of a family member
(including grandparents, parents, sons, daughters, brothers, and sisters) and the marriage of
a family member (including sons, daughters, brothers, and sisters). However, the term of
emergency parole cannot be extended. In Custody Parole, the Prisoner is surrounded by the
Police for the specified time period. At the completion of the period, the prisoner will be
brought back to jail.

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2.Regular Parole— In Regular Parole, the prisoner is released based on certain terms and
conditions. So, the Parolee (Prisoner) must follow the rules mentioned in the Parole. So, in
regular Parole, there are no police with the prisoner like in custody parole, therefore, it is
considered discretionary parole.

Certain Grounds for Regular Parole in India

1. Marriage of the family member of a convict.

2. Accident or Death of a family member of the convict.
3. Delivery of the child by the wife of the convict if there is no family member of the
convict to take care of the spouse at home.
4. Serious damage to the life or property of the family of the convict including the
damage caused by the natural calamities.
In the case of Regular Parole in India, the parolee must follow certain norms like:

1. Parolee cannot marry (if not married before the offense he has committed)
2. The parolee cannot go to bars or pubs for enjoyment.
3. A parolee must refrain from drugs and intoxication.
However, there are some convicts that are not eligible for release on parole in India:

1. Prisoners who have been involved in criminal activity against the state or the
prisoners currently involved in the criminal activity against the state.
2. Prisoners who are a threat to the national security of India.
3. Prisoners who are not citizens of India.
4. Prisoners who are convicted of multiple murder or the murder & rape of a child is
exempted from getting released on parole.

Laws Governing Parole in India

These laws provide the legal framework for the parole system in India and govern the grant
and revocation of parole, they are:

Code of Criminal Procedure (CrPC): It provides for the grant of parole to prisoners.
Section 432 of the CrPC gives the power to the state government to release a prisoner on
parole before the completion of their sentence. This power can be exercised at any time
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after the prisoner’s conviction and can be granted for a specified period or until the
prisoner’s sentence is completed.

Section 433A of the CrPC specifies the eligibility criteria for the grant of parole. According
to this section, a prisoner who has completed one-third of their sentence (in case of general
crimes) or half of their sentence (in case of heinous crimes) may be released on parole.
However, this provision is subject to certain conditions, such as the absence of any pending
appeals or cases against the prisoner, and the submission of a satisfactory surety for the
prisoner’s release.

Prisons Act, 1894: It provides for the establishment of a parole board to evaluate the
prisoner’s case and decide whether to grant parole. Section 36 of the Prisons Act gives the
power to the state government to release a prisoner on parole before the completion of their
sentence.

Model Prison Manual: It is a set of guidelines issued by the Ministry of Home Affairs,
Government of India, for the management of prisons in India. The manual includes
provisions related to the grant of parole to prisoners. Chapter 27 of the Model Prison
Manual provides detailed guidelines for the grant of parole. According to these guidelines,
parole can be granted to prisoners based on the following grounds:

1. Family grounds: Parole can be granted to prisoners based on compassionate grounds,

such as visiting a seriously ill family member or attending a family function like a
wedding or funeral.

2. Medical grounds: Parole can be granted to prisoners who need medical

treatment that is not available in the prison hospital or to undergo medical tests or
surgery.

3. Other grounds: Parole can also be granted to prisoners for other reasons, such
as to pursue higher education or vocational training, to participate in sports or
cultural activities, or to settle family or business disputes. Section 4 specifies the
eligibility criteria, the procedure for applying for parole, and the conditions to be
followed during the parole period. Section 60A allows for the release of prisoners
on emergency parole in case of a natural disaster or other emergencies.

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 Difference Between Parole and Furlough

Parole and furlough are forms of constrained releases. While furlough is granted in cases of
long-term imprisonment, parole can be issued in cases of short-term imprisonment. A
precise justification is needed for parole, but a furlough is merely intended to break up the
monotony of incarceration (imprisonment). The Divisional Commissioner grants parole to
the inmates. Further, the Deputy Inspector General of Prisons grants furlough.

3. Vasram Gagji vs State of Gujarat & OR’s

The petitioner under Article 226 of the constitution challenged the order passed by the
District Magistrate Rajkot whereby he rejected the parole leave application. The facts of the
case were that the petitioner applied for parole on the medical grounds that he has a hernia
and needs 60 days of medical leave. The court ruled that the district magistrate’s order was
incorrect and that the petitioner was entitled to the parole.

the Election Commission of India vs. Mukhtar Ansari (2017), the Hon’ble Delhi High
Court declared that custody parole cannot be used as a substitute for bail and cannot be
extended for long periods of time or for daily visits.

Sunil Batra v. Delhi Administration (1978): In this case, the Supreme Court held that
the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution
includes the right to parole. The court also held that the grant of parole must be based on
objective criteria and not left to the discretion of the prison authorities.

State of Haryana v. Jagbir Singh (2015): In this case, the Supreme Court held that the
parole board must consider the social and economic conditions of the prisoner and their
family while deciding whether to grant parole.

State of Maharashtra v. Laxman Namdeo Wankhade (2019): In this case, the Supreme
Court held that the grant of parole must be based on the principle of rehabilitation and
reintegration of the prisoner into society.

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Sanjay Chandra v. State (2020): The Delhi High Court allowed the release of a convict on
interim parole due to the COVID-19 pandemic. The court directed the authorities to release
the convict on parole for a limited period, subject to certain conditions.

Distinction Between Probation And Parole:

1. Offenders who are released into the community under supervision as opposed to
being imprisoned are given probation. However, parole is just a short-term release for
inmates, and it comes with rules they must abide by.
2. The Probation of Offenders Act and the Code of Criminal Procedure govern
probation in India. However, we are unable to locate a consistent and detailed set of
guidelines for parole. The state governments are permitted to set their own parole
guidelines, which results in variation in parole criteria across the country even though
it is recognised by the Prisons Act and Prisoners Act.
3. The sentence imposed by the court on guilty parties is known as probation. Parole is
merely a plan for the short-term release of inmates.
4. While parole is given while incarcerated, probation is an alternate type of punishment
given in place of jail. No, parole is not a substitute for incarceration.
5. The court issues a sentence of probation. The nature of probation is judicial. In India,
the District Magistrate or the Deputy Secretary of the State's Home Ministry make
the majority of the decisions about parole. The majority of parole is quasi-judicial in
nature.
6. Prior to being imprisoned, the convict is given probation, and after serving a minimal
amount of time behind bars, the prisoner is granted parole.
7. Offenders who have previously served time in jail or been found guilty are not
eligible for probation. Prison-serving convicts are eligible for parole.
8. An offender who has been released on probation gets resentenced to jail for a specific
amount of time if he violates any probationary requirements. However, breaking the
terms of parole leads a felon back to jail, where their previous sentence of
incarceration resumes.
9. The initial phase of an offender's correctional process is probation. However, parole
comes after a term of punishment for the perpetrator

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10.Since a person on probation is not receiving a prison sentence, there is less stigma
associated with them. However, a parolee would experience prejudice after he was let
back into society.

Nature and Scope of Criminology

Nature

1. Interdisciplinary: Criminology draws knowledge from various fields, like

sociology, psychology, law, biology, economics, and anthropology. By using
multiple perspectives, criminologists get a well-rounded understanding of crime
and its causes.

2. Empirical: Criminology relies on research methods that involve gathering real-

world data and evidence to study criminal behavior and the criminal justice
system. This data-driven approach helps us discover crime patterns, understand
why crimes happen, and evaluate the effectiveness of crime prevention methods.

3. Theoretical: Criminology is based on theories that attempt to explain why people

commit crimes. Some theories focus on the idea of deterrence, while others
explore how social influences or personal experiences may lead individuals to
criminal behavior.

4. Applied: Criminological research is practical and applied to real-world problems.

Criminologists work with law enforcement agencies, policymakers, and social
service organizations to develop effective crime prevention strategies and improve
the criminal justice system.
5. Policy-Oriented: Criminology often has a policy-oriented focus. Research in this
field has a direct impact on the development and reform of criminal justice policies.
It informs lawmakers, judges, law enforcement agencies and correctional facilities in
making evidence-based decisions.
Scope

1. Crime Causation: Criminologists study the factors that contribute to criminal

behavior, such as poverty, social influences, mental health issues, or biological
factors.
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2. Criminal Typologies: They examine different types of criminals, their
characteristics, and the patterns of crimes they commit. This knowledge can help
identify specific prevention strategies for different types of offenders.

3. Victimology: Criminologists analyze the impact of crime on victims, their

experiences, and needs. Understanding victim experiences helps in designing
better support systems for victims.

4. Criminal Justice System: Criminology evaluates how the criminal justice system
works, including the police, courts, and corrections. It looks at how effectively the
system deals with crime and criminals.

5. Crime Prevention and Control: Criminologists develop and assess crime

prevention strategies, rehabilitation programs, and ways to reduce repeat offenses
(recidivism).

6. Comparative Criminology: This area involves comparing crime rates, criminal

justice policies, and cultural differences across different countries and societies to
identify effective approaches to crime control.

7. White-Collar Crime: Criminologists study non-violent crimes committed by

people in positions of trust or authority, such as embezzlement or corporate fraud.

8. Cybercrime: Criminology investigates crimes committed in the digital realm, like

hacking, identity theft, and online scams

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