TOPIC-

HISTORICAL BACKGROUND OF
PROBATION SYSTEM

PREPARED BY:

AZRA SHAKEEL

Roll No: 10
 STRUCTURE
 INTRODUCTION
 OBJECTIVES AND PHILOSOPHY
 HISTORICAL ANTECEDENTS IN USA AND ENGLAND
 HISTORY AND DEVELOPMENT OF PROBATION IN
INDIA
 ANCIENT PERIOD
 MEDIEVAL PERIOD
 MODERN PERIOD
 INTRODUCTION
 Probation Latin word (probatus/probatio/probo) to test/ to prove/ I

prove.

 Probation is a process of treatment, prescribed by courts for persons convicted of offences

during which the individual lives in the community and regulates his own life under

conditions imposed by the court and is subject to supervision of probation officer. Length

of probation varies and is determined by courts.

 Conditional suspension of sentence

 Modern trend of community based correctional treatment of offenders

 Devid l. sills defines probation as a procedure for “release of convicted criminals on a

conditional basis in order to assist them in perusing a non-criminal life”.

 OBJECTIVES AND PHILOSOPHY

 Sole intention in passing probation laws is to give persons of particular type a chance of
reformation which they would not get if sent to prisons.
 During the ancient and middle ages judicial system was based on retributive theory that is
“An eye for an eye” that changed radically during 20 th century from retributive theory to
reformative theory.

Retributive Theory Reformative Theory

 Criminologists and sociologists who believed in theory of reformation looked crime as

deviance and they believed that offender can be reformed and rehabilitated such as
Thorsten sellin, Albert A kohen.
 The concept of "Probation is based on the concept of Reformative theory”.
Historical Antecedents in USA And England

 USA
John Augustus, the "Father of Probation," is
recognized as the first true probation officer.
Augustus was resident of Boston and the owner of
boot-making business. In 1841, he succeeded
releasing a drunkard on probation from a police
court. By 1858 John Augustus had provided bail to
1946 men and women.

 In 1878, First probation law was passed in USA and probation officers were
appointed.
 In 1921, 35 states passed laws for adult probation and 47 states passed laws for
juvenile probation.
 By 1958, almost all states passed probation laws.
Historical Antecedents in USA And England

 ENGLAND
 Matthew daven port hill, a lawyer from England is also noted to have contributed to the
development of modern probation. In 1820 onwards an unusual practice of sentencing
process was going on in the Warwickshire Quarter Sessions. The young offenders were given
one day token sentence with the condition that they be placed under supervision of a parent
or guardian.
 First British statute on probation was passed in 1879 and it contained ‘no supervision rule’.
 Comprehensive law on probation was passed in 1907, which was amended from time to time
yet it remained the basis of practice of probation in UK until 1948 when it was superseded
by the criminal justice Act 1948, which remedied some ambiguities of the Act of 1907.
 In course of time, the criminal justice Act 1982 was passed to regulate the institution of
probation system in England.
History And Development of
Probation In India

 ANCIENT PERIOD
 Smriti writers as early as 300BC were aware of complexities of human nature
though in their writing there was no direct reference of release of offenders on
probation yet their views seem to support the concept of probation.
 In Manusmriti, we find the idea of releasing an offender after gentle
admonition.
 Kautilya in his Arthashatra advised king to award punishment which should
neither be mild nor severe.
 Maurya rulers were in in favor of mild punishment. One of the edicts of the
emperor Ashok contains provision for remission of punishment
History And Development of
Probation in India

 MEDIEVAL PERIOD
 During the Muslim rule in India we don’t get traces of principles of probation, but
during Maratha rule and Meshwa rule we find reference of some cases. The cases
are;
 Case of Vishwanath Bhatt Patankar: In 1775-76 one Vishwanath Bhatt Patankar
of Mouje Khed, was arrested for committing thefts. As he was unable to furnish
security, the district officer sent him to Huzur, Janardan Bhatta Bhide stood surety
for him promising that he would not again commit theft or any other offence.
 Case of Janki Lagadin: In 1785 - 86, one Janki Lagain was imprisoned at Fort
Visapur for adultery. Her father Shivaji Gaikwad prayed for her release. The prayer
was granted on his standing as surety for her future good conduct. [These can be
said to be the earliest cases of probation in India.]
History And Development of Probation
in India

 MODERN PERIOD
Hate The Crime, Not An Eye For An Eye Will
The Criminal Make The Whole World
Blind

 The reformative school of 1897 dealt with concept of probation.

 It was accorded first statutory recognition with the passing of CRPC 1898 by
section 562 of CRPC. In the year 1973, the new CRPC was passed which provides
almost the same provision in section 360.
 The Indian Jail Committee report of 1919-20 is often cast as the turning point when
reform and rehabilitation were added to deterrence in penal policy. The Children
Act, which was passed in 1922 also made provisions for probation.
 The new era in the field of field of probation started by the enactment of probation
of offenders act 1958 on 16th may 1985( Act 20 of 1958) which comprehensively
deals with probation system in India.
PREPARED BY:

AZRA SHAKEEL