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A comprehensive overview of probation and parole in the indian criminal justice system. It delves into the historical context, legal framework, and practical implications of these correctional measures. The meaning, purpose, and procedures of both probation and parole, highlighting their similarities and differences. It also examines the merits and demerits of each system, analyzing their effectiveness in rehabilitating offenders and protecting society. The document concludes by emphasizing the importance of these measures in promoting restorative justice and reducing recidivism.
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I would like to express my sincere gratitude to everyone who has supported me throughout this research on the Probation And Parole. I am deeply thankful to my advisor, Dr. Seema Dahiya, whose guidance, patience, and feedback have been crucial in shaping this work. Her expertise has been a great asset. A special thanks goes to my classmates and colleagues for their support and constructive discussions that helped refine my ideas. I am also grateful to the staff at the Department of Laws of Bhagat Phool Singh Women University for their assistance and resources, which were essential for conducting this research. Lastly, I want to acknowledge the encouragement and understanding of my family and friends. Their support has been a constant source of motivation. Thank you all for your contributions and support. Pranjali LLM 2nd^ year
part of the arrangements are not notice in the criminal method code that is the reason the extraordinary demonstration was ordered in 1958 which manages the probations of guilty parties act in this act the wrongdoers are delivered waiting on the posttrial process and reprobation for the appropriate conduct and get restore their self. BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS) In BNSS, the arrangements that arrangement with probation are Segment 401 and 402. The Probation of Offenders Act, Children Act, 1960, or any such law is unaffected by the provisions of Sections 401 and 402, as is stated explicitly in that section. Release on probation of good conduct Probation is covered by the BNSS Section 401(1). This section states that the court may release the offender on the promise of good behavior or good conduct, on entering into a bond with or without sureties, to serve the sentence if called by the court during the fixed period, if the offender is not under the age of 21 and is convicted of a crime for which the punishment is either seven years in prison or a fine, or if the offender is under the age of 21 and convicted of an offense for which the punishment is either seven years in prison or Regarding Phul Singh v. In State of Haryana (1979)^2 , the court ruled that someone in his twenties who has committed a heinous crime like rape cannot receive good conduct probation. Release after admonition As per section 401(3), the offender can be released when the following conditions are satisfied:
According to Section 402 of the Bhartiya Nagarik Suraksha Sanhita 2023, the Probation of Offenders Act, the Children Act, or any other applicable law, the reason why the court does not grant probation to the offender must be explicitly stated in the judgment. The 1958 Probation of Offenders Act The terms of this Act are identical to those of Section 401 of the BNSS, 2023: the provision for release upon admonition is in Section 3, and the provision for good conduct probation is in Section 4. Section 5 of the Act gives the court the authority, if it deems it appropriate, to order the offender to pay the victim compensation for the harm or loss they caused or even the cost of the legal process. Area 6 of the Demonstration manages wrongdoers beneath the age of 2 1. This Section states the following: The court needs to initially see whether Section 3 ( 4 ) of the Demonstration is appropriate for the guilty party younger than 21. In order to accomplish this, the court is required to request the mandatory report from the probation officer. On getting the report, the court can conclude regardless of whether the arrangements are pertinent. The reasons for the court's refusal to grant probation must be made clear. The probation officer's report is intended to be kept confidential, as stated in Section 7 of the Act. Such a report is only mandatory while dealing with offenders under the age of 21. Doctrine of Harmonious Construction Even though the new BNSS was enacted subsequent to the Act, it does not affect the applicability of the Act, especially when Section 401 (10) explicitly recognizes the validity of the Act. Therefore, we could say that offenders are entitled to the benefits of both BNSS and the Act. According to the Doctrine of Harmonious Construction, the legislature would not intend to contract themselves. Thus, the enactment of the new Code would not destroy the enforceability of the Act.
The following are the merits posed by the method of probation:
❖ Due to any family member being seriously ill. ❖ Death or accident of a family member. ❖ When the convict’s wife has given birth. ❖ To maintain familial ties. ❖ When there has been serious damage to the life and property of his family due to any natural calamity. ❖ To file for a special leave petition.
On the filing of a petition for parole, usually the Superintendent of the jail requests a report from the police station which arrested the convict. The report, along with all the necessary documents required for the justification of the request for parole and the recommendation of the Superintendent, is submitted before the Deputy Secretary, Home (General), State Government, and he decides whether the convict must be granted parole or not. In some states, the abovementioned documents are sent to the Inspector General of the Prison and he then sends them to the District Magistrate. The District Magistrate, on the consultation of the state government, decides whether or not parole has to be granted.
As established in the cases of Budhi v. State of Rajasthan (2005) and Charanjit Lal v. State (1985), the provision of parole has certain objectives and purposes. The following are the merits or purposes of provision of parole, as per the decisions: ➢ It enables prisoners to stay in touch with their families and community. ➢ It helps them to be involved in important matters pertaining to their families, and also solve their personal problems. ➢ It gives them a short period of relief from the ill effects of being in prison. ➢ It achieves the purpose of rehabilitation and reformation of the prisoner. ➢ It encourages prisoners to maintain good conduct in prison. ➢ The following are the demerits of the provision of parole: ➢ Good conduct during imprisonment is not a guarantee for good conduct after release. ➢ The chances of political interference are very high. Privileged prisoners with political connections have it easier to receive parole.
Probation is conceded to guilty parties who are delivered into the local area under management, rather than being detained. In any case, parole is a brief delivery for detainees and accompanies conditions to be trailed by the detainee during that period. The Probation of Offenders Act and the Code of Criminal Procedure govern probation in India. However, we are unable to locate a uniform and concrete set of parole regulations. However it is perceived under the Detainment facilities Act and Detainees Act, the state legislatures are approved to give their own parole rules, causing variety in parole rules the country over. The sentence handed down by the court to convicts is known as probation. Meanwhile, parole is just an arrangement of the temporary release of prisoners. Probation is an alternative form of penalty granted instead of imprisonment, but parole is granted during imprisonment. Parole is not an alternative to imprisonment. Probation is pronounced by the court. Probation is judicial in nature. Parole in India is usually decided by the Deputy Secretary of the Home Ministry of the State or by the District Magistrate. Parole is mostly quasi-judicial in nature. Prior to being imprisoned, a convict is granted probation, and parole is granted after a minimum period of confinement. Offenders who have previously been found guilty or sentenced to prison are not eligible for probation. Offenders who have been sentenced to prison are eligible for parole. A probation-released offender is resentenced to prison for a specific period of time if he violates any probation conditions. However, if a parolee violates the terms, they are remanded in prison and subject to the same sentence as before. Probation is the principal stage in the restorative arrangement of a wrongdoer. However, parole is the final stage after a period of punishment for the offender. A person on probation faces less stigma because he or she is not going to prison. However, when a detainee is delivered released early, would confront separation in the public eye.
In conclusion, the Indian criminal justice system recognizes parole and probation as legal means of rehabilitation and correction, but they are not considered "rights" in and of themselves. It helps in decreasing the evil impacts of detainment on convicts and diminishes the adverse impact of bad-to-the-bone crooks in the personalities of different convicts. In any
1.The Probation of Offenders Act,1958 (Act of 20 Of 1958), s.3, s.4, s.5, s. 6. 2.The Code of Criminal Procedure,1973(Act Of 2 of 1974) s.360, s.361.
