Meaning of Probation - Probation is the suspension of a jail sentence that allows a person convicted of a crime the chance to remain in the community, instead of going to jail. Probation requires that you follow certain court ordered rules and conditions under the supervision of a probation officer. Typical conditions may include performing community service, meeting with your probation officer, refraining from using illegal drugs or excerise alcohol, avoiding certain people and places ,and appearing in court during requested time.
Classification and types of probation : Probation can be classified into two types formal and informal. A formal one involves a probation officer's tight monitoring, whereas an informal one involves reporting to a court for court fees or other expenses. When a person is accused of a violent crime, formal probation is usually granted, while informal probation is usually granted when the offense is less serious. Apart from that, there are numerous sorts of probation programs, and they usually differ in terms of what the offender is obliged to do. Supervised probation, unsupervised probation, community control, shock probation, and crime-specific probation are the most prevalent forms of probation programs.
Important Cases :
Arvind Mohan Sinha vs. Mulya Kumar Biswas - The Supreme Court stated that Probation is a reformative instrument to reclaim amateur criminals who can be rehabilitated.
Md. Syad Ali vs. the State of Gujarat - In this case, the accused was a first-time offender and his age was less than 21 years. The court held that it was an appropriate case for awarding probation.
State of Maharashtra vs. Natwarlal - In this matter when the offender smuggled gold, the court refused to apply Section 4 (1) of the Probation of the Offenders Act. The court ruled that this offense has an impact on public revenue and the nation's economy, as well as the general public's interest.
Chhanni vs State of Uttar Pradesh - This case states the concerns related to the interpretation of section 360 of the Cr.P.C. In this case, it was determined that the requirements of the two statutes governing probation varied significantly and that they cannot cohabit. As a result, restrictions mentioned under section 360 of Cr. P.C is inapplicable where the Probation of Offenders Act is in play.
The difference between these two provisions is that section 360 of the Code of Criminal Procedure applies only to people over the age of 21 years who have been convicted of an offense punishable by fine only or term of imprisonment of 7 years or less, while section 360 of the Code applies to anyone under the age of 21 or women who has been convicted of an offense not punishable by imprisonment for life or life imprisonment. While the scope of Section 4 of the Probation Act is substantially wider. It applies to anyone convicted of committing a crime that is not punishable by death sentence or life imprisonment. As a result, the court determined that the provisions of the two statutes, which differed significantly, could not be meant to cohabit in the same jurisdiction at the same time.
Probation of offenders - Probation is a non institutional therapeutic measure to reform offenders. The term ' Probation ' is derived from the Latin word ' Probare ' which means ' to rest ' or ' to prove '.
Prof. Taft defines ' Probation ' as the postponement of final judgment or sentence in a criminal case, giving the offender an opportunity to improve his conduct and to readjust himself to the community, often on condition imposed by the Court and under the guidance or supervision of an Offier of the court .
E.H Sutherland states that probation is a '' status of convicted offender during a period of suspension of sentence in which he is given liberty conditioned on his good behavior and in which the state by supervision, attempts to assist to maintain good behavior.'' and Many more people stated their opinion about probation.
Probation has the following essential elements :
It relates to the persons convicted of offences against the law.
It is liberal reward for good behavior of first offenders who have been convicted of a crime.
It is a conditional suspension of sentence to allow him to live in society with good behavior.
It allows the convicted person, before the implementation of sentence, to live a normal life with good behavior under the personal supervision of a probation officer.
Probation is a conditional release of an offender under supervision. It is a selective measures, depending on the discretion of the court. The actual selection for release on probation depends on the careful investigation of personal traits and social circumstances of the offender. The investigation is done by a probation officer who prepares a pre-sentence report to be filed before the trial Court prior to the final judicial disposal of the case.