CONDITIONS AND CANCELLATION OF PROBATION

This article is written by Sarthak Shrivastava of 7^th Semester of Asian Law College, an intern under Legal Vidhiya

ABSTRACT: –

This article will provide you the insight about the meaning of probation, the provisions related to probation, it’s features, case laws what is the aim for granting a probation. Probation is important for the criminals for the better being only, so that they can be back in the organized society and leave their crime back, it is like a second chance for them. This article also talks about what is the role of the courts in granting a probation and how a probation officer works and what are his duties. The act which is called Probation of Offenders Act 1958 is also talked in this article. This act is also compared with the Code of Criminal Procedure.

KEYWORDS: –

Probation, Code of Criminal Procedure, probation act, Courts, Probation Officer, Organized society

OBJECTIVE: –

The objective behind this article is to reflect on the role of probation and how and when it is granted and what could be the condition and cancellation process. The main objective is to explain the society the finishing of crime is important but not the criminals. No one is criminal from birth and there mind can also be changed.  Probation is granted according to the good behaviour and this article shows what can be the conditions for it.

INTRODUCTION: –

For the elimination of crime the elimination of criminals is not important. Reformation of the criminal is necessary rather than punishing them according to the criminal law of India. Punishment can give satisfaction to the society the members of the society cam think that they are getting proper justice as the criminals are getting punishment for their crime, but this will not reform the criminal mind. Usually what happens when a criminal comes from the imprisonment, he gets back to do the crime in the society and starts to use his rights in a wrong way. The criminals who are young they do it the most. They caught up with several criminals in jail during their imprisonment and because their mind is not matured and connect more with them. [1]

The court should order according to the good behaviour personal freedom to the criminals rather keeping them with other criminals who are more in crime in jail. Thus there is a Probation Of Offenders Act 1958 and its aim is to reform the criminals. This act came from doctrine of deterrence whose aim is to reform the criminals.

MEANING OF PROBATION: –

Under criminal law probation is defined as the period under which an offender is under supervision which is ordered by the court in lieu of incarnation. Probation under some jurisdictions is applicable to only community sentences. The court order some conditions to an offender under the supervision of the probation officer. The offender can be incarnated if he breaks the order of the probation officer. At the time of probation the offender should stay away from firearms, and should get employed, should part in programs which is related to education, they should live in a place which is directed to them, offender should not leave the jurisdiction. The offenders can also be ordered to get alcohol test or drug test on probation period and they should also not have the possession of alcohol or drugs. [2]

GRANT OF PROBATION: –

In granting the probation to the Offenders or criminals the community correction officials play important role. They recommend to the court whether a criminal is a risk to the society and asks the court to take action against the offender. The correction officials investigate the process when the offender is not in a probation period. They collect all the necessary information and background history of the offender and then decide whether the offender can be released or not. Then the officers write report on the offender. Then the court decides according to the report that whether the offender shall get a probation or go into the jail. The pre sentence investigation report in brought by the probation officer after the offender is found guilty of crime. The sentencing is based on this report. Then at the last the court decides that the Offender should get conviction or probation. If the offender gets probation from the court, then the court only determine that how to put sentence based on the crime seriousness.

AIM OF GRANTING PROBATION: –

As talked before also the main objective and aim of probation in reformation of lawbreakers. By the way of rehabilitation it is the effort to develop the habits into constructive. The objective is to give a second chance to the offender to peacefully cooperate with the society, by doing this the Offender will also get the security and protection. It is like a substitution. It is not necessary that through imprisonment crime will get eliminated. The purpose behind the law of probation is to reform not to punish. We can simply say that it depends on the good behaviour that whether an offender will het probation or not. Some young criminal does crime under the influence of their criminals so the aim of this law is to reform them and take them out from the bad company of other criminals. The criminals after probation are expected to become sincere citizens of country.

PROVISIONS UNDER THE ACT: –

Section 562 of Code of Criminal Procedure 1898 deals with the first provision. But after Section 370 of Code of Criminal Procedure deals with probation after the amendment in 1973. [3]

1. Person who is convicted of crime and not below twenty-one years for which there is seven years imprisonment or who is convicted for an offence which is punishable with fine.
2. If any Women or any person who is below 21 years of age who is convicted under an offence which is not punishable which death and no prior conviction is proved
3. The court might release offender on good conduct promise of he appears before the court regardless of circumstances in which he committed the crime.

ADMONITION: –

Under the Probation Of Offenders Act 1958 the section 3 of the act there is a power with the court on the ground of which the court can release the offender after the admonition. In simple word the admonition means a small warming or reprimand. The Offender gets benefit on the basis of admonition, given in Section 3 of Probation Of Offenders Act 1958. [4]

FEATURES OF PROBATION ACT: –

1. The aim of this act is to modify the prisoners by rehabilitation in the society and to save them from locking in prison with other criminals.
2. The compensation and cost of prosecution is demanded by the act as its fair for the injury caused to the victim.
3. The criminals who are not punishable with death or life imprisonment the act orders the court to free them on probation if they have good behaviour, but that prisoner will be kept under control.
4. The judge according to the act has the right to modify terms of the bail when a prisoner is on probation and to decide that the period of probation does not exceed 3 years from the initial order date.
5. The people who are under 21 years of age gets extra protection by the act, but the person can not get the benefit of this clause who is guilty of a crime which is punishable by imprisonment for life.
6. The warrant of arrest is granted by the court to him and to his guarantees which compels them to appear before court which has been stated in the warrant or summons.
7. The judge is empowered by the term of this act to sentence the defendant to jail.
8. The probation officers by this act get support from the court so that the probationers could be guided in seeking appropriate work.
9. This act is applied everywhere in India but not in the Jammu and Kashmir. The act by the government can be put into force in different parts of the state on multiple dates.[5]

CASE LAWS: –

1. KESHAV SITARAM SALI V. THE STATE OF MAHARASHTRA, AIR 1983 SC 291 –

This case is about the appellant who was employee of Paldhi Railway Station. The charcoal crime theft crime was abetted by him which is committed by Bhikan Murad, the case before the Special Judicial Magistrate, Bhusawal, on charges of charcoal stealing. The appellant has been acquitted by the Magistrate and the appeal has been filed by the State government in the Bombay High Court against the acquittal judgement which is passed by the Magistrate. The charge on him was of Rs 500 and in payment default imprisonment of 2 months. The coal valued at Rs. 8 was the subject matter of theft. Supreme court held that in case of minor thefts, the Section 3 or Section 4 of the Act the high court should extend the benefit of this sections rather imposing the fines.

• AHMED V. THE STATE OF RAJASTHAN, AIR 1967 RAJ 190 –

It was held by the court in the case that the extension of benefits should not be given to any one who is involved in activity that results in an explosive situation which leads to communal tensions. [6]

PROBATION SYSTEM IN INDIA PIT-FALLS: –

One of the most important provisions of the act, Section 4 of Probation Of Offenders Act 1958, unless the court orders it is not compulsory to supervise a person released on probation. The probation philosophy is not applicable to it which says that supervision is important.

The court according to the section 6 of the act take into account the probation officer’s report when it becomes important to make a decision to deny kr grant probation to the Offender under 21 years of age, but several times the court makes there decision without any report. The Probation of Offenders Act is against this policy. [7]

CONCLUSION: –

As highlighted in the above article the main aim of this is to reform the offender and to make him walk on the right path. In India inside the prison there is much overcrowded and due to which the there is lot of abuse and violation of human rights which effect the minds of the criminals. Probation should be given importance as it is the divine affirmation of a human being

For reformation and for the recovery process of the criminals and to bringing the criminals back into the organized society it is important to follow the current social situation. Probation along with the Juvenile justice has taken the socio economical issues and interest of public underlying the principles of punishment and crime in front. Bringing positive views towards the prisoners is also a major thing which is accomplished and also it expanded the role of criminal justice. [8]

REFERENCE: –

1. https://en.wikipedia.org/wiki/Probation
2. https://blog.ipleaders.in/probation-offender-act-1958/
3. https://blog.ipleaders.in/probation-offender-act-1958/
4. Sehgal, D.R. (2022a) Probation of offender act, 1958, iPleaders. Available at: https://blog.ipleaders.in/probation-offender-act-1958/  (Accessed: 22 August 2023).
5. Sehgal, D.R. (2022a) Probation of offender act, 1958, iPleaders. Available at: https://blog.ipleaders.in/probation-offender-act-1958/  (Accessed: 21 August 2023).
6. Sehgal, D.R. (2022a) Probation of offender act, 1958, iPleaders. Available at: https://blog.ipleaders.in/probation-offender-act-1958/  (Accessed: 23 August 2023).
7. Sehgal, D.R. (2022a) Probation of offender act, 1958, iPleaders. Available at: https://blog.ipleaders.in/probation-offender-act-1958/  (Accessed: 24 August 2023).

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[1] 1)         https://en.wikipedia.org/wiki/Probation

[2] 1)         https://en.wikipedia.org/wiki/Probation

[3] 3)         https://blog.ipleaders.in/probation-offender-act-1958/

[4] 7)         Sehgal, D.R. (2022a) Probation of offender act, 1958, iPleaders. Available at: https://blog.ipleaders.in/probation-offender-act-1958/ (Accessed: 24 August 2023).

[5] 3)         https://blog.ipleaders.in/probation-offender-act-1958/

[6] 3)         https://blog.ipleaders.in/probation-offender-act-1958/

[7] 6)         Sehgal, D.R. (2022a) Probation of offender act, 1958, iPleaders. Available at: https://blog.ipleaders.in/probation-offender-act-1958/ (Accessed: 23 August 2023).

[8]             https://blog.ipleaders.in/probation-offender-act-1958/