1. 1
Chapter - One
Introductory Chapter
1.1 Introduction:
After mid 19th century beside the prison system for punishment there introduced many forms
of correctional methods for the criminals which later turn into necessity. Actually no
punishment can keep the offenders away from crimes and this was getting established from
then as a result substitution methods to keep the offenders away from crime and to reduce
crimes from the society became the core focusing matter. For this reason the correctional
methods of the criminals became so important. There is no scope to say that, criminality is a
human behavior and without correction of this human mentality and behavior no criminality
can be removed upon only punishment. For this reason correctional methods upon criminals
is vital one .To ensure the development among the criminals on their behavior and activities
first we, all should ensure that no hate for criminals but crimes. In this respect more
importance are given upon why the offenders do crimes than committing crimes. A lot of
correctional methods have been introduced for the offenders in today’s world.
As a correctional method for the offenders Parole and Probation are notable in the present
time. Both these methods contain correctional system and rehabilitation for the offenders in
the society. Probation developed out of the necessity to save selected persons from the
rigorous of imprisonment, if he/she is found guilty and show willingness to come to the
normal human life. Parole on the other hand developed to mitigate the rigorous of
imprisonment. Both these mechanisms are ways to ease the pressure on prison.
1.2 Methodology of this Research:
To prepare this research I followed some strategies. I have taken references from Books,
Journals and Internet. Research report and publication of various organizations working with
the administration of parole and probation in Bangladesh, journals, reports, booklets,
newsletter, photographers and newspaper clippings have been reviewed. The techniques in
date collection followed in this research are interviewing. I also got help from teacher,
classmates and different books and websites.

2. 2
1.3 Limitation of this Research:
The core problem in doing the research is the time factor. I was within limited period to
complete the research work. Which really hinder the job to perfect? I could not gather better
information to make the topic clear though I have failed to collect all required information for
these in the short period of time. As I am doing such a difficult job for the time and with
immature mind, my incapability of the understanding the matter deeply and analyzing it is
proper way has also been a limitation of the research paper.
On the other hand there are no specific books about parole and probation in Bangladesh and
in internet the link about this topic is mere available. So it is difficult for me to find out the
sources. Some link of the internet want to credit to show the link so it has also been a
limitation of the research paper.
1.4 Significance of this Research:
It is very important to identify the significance of a research. Through this research, I tried to
give an overview on parole and probation in accordance with the law. In this research, I tried
to find out the core elements of parole and probation to be a method of correction and
rehabilitation. I also tried to uphold the present condition on parole and probation existing in
Bangladesh, problems in executing the enforcement and also tried my best to give a proper
guideline to remove the problems in executing parole and probation in our country. I hope
this research will help to attain the ultimate target of parole and probation and to bring
coherence between the law and practice on parole and probation.
1.5 Shadow of this Research:
Chapter one of the research is introductory chapter. It also illustrates about the introduction,
methodology, limitation, significance and abstract of this research.
In chapter two of the research, it is discussed about the concept of parole and probation. It
also illustrates about the definition of parole, types of release on parole, objective of parole,
conditions of parole, termination of parole, requirement of an ideal parole system in
Bangladesh, definition of probation, origin of probation, types of probation, objectives and
the basic elements of probation, scope of probation and evaluation of the probation system.

3. 3
In chapter three of the research, it is discussed about the laws on probation and parole in
Bangladesh. It also illustrates about the laws on probation, Probation of Offender’s Ordinance
1960, Children Act 2013, provisions of parole, Laws in Bengal Jail Code 1864 and The Code
of Criminal Procedure 1898.
In chapter four of the research, it is discussed about the practices of probation and parole in
Bangladesh. It also illustrates about the development of probation in Bangladesh, procedure
for granting probation, qualifications of probation officer, duties of probation officer, major
functions of the probation officer, procedure for parole and duties of parole officer.
In chapter five of the research, it is discussed about the analysis of some recent case studies in
Bangladesh. The cases are Delwar Hossain Saydee, Lutfujjaman Babor, Ex-President
Hussain Mohammed Ershad, Sheikh Hasina, Tarek Rahman & Arafat Rahman.
In chapter six of the research is concluding chapter. It also illustrates the findings of parole
and probation, recommendation for parole and probation, conclusion.

4. 4
Chapter – Two
Concept of Parole and Probation
2.1 Definition of Parole:
The concept of parole is emanated from military law. It was granted to a prisoner of war on
promise to return by whose forces he was captured, either for a limited period or while
hostilities continue.’’. In military law, a promise given by a prisoner of war, when he has
leave to depart from custody that he will return at the appointed time, unless discharged. An
engagement by a prisoner of war upon being set a liberty, which he will no again take up
arms against the govt.1
In criminal justice system, parole means conditional release of a person convicted of a crime
prior to the expiration of that person’s term of imprisonment, subject to both the supervision
of the correctional authorities during the remainder of the term and resumption of the
imprisonment upon violation of the conditions imposed. This differs from amnesty or
communication of sentence in that parolees are still considered to be serving their sentence,
and may be returned to prison if they violate the conditions of their parole.
Parole is less often administered directly by the executive than it is by a board or officer with
the power to release a convict after he has served the minimum of an indeterminate sentence.
Parole is designed to give the prisoner a chance to readjust and to expedite the process of
rehabilitation.
Although parole can vary from countries to countries, there are some common practices. In
many states, a parole board is appointed. The duties of the board are to study the case
histories of persons eligible for parole, deliberate on the record, conduct hearings, grant
parole, and craft the conditions for parole, issue warrant for persons charged with violation of
parole, conduct revocation hearings, and final discharge to paroles.
1. Black Law Dictionary, Sixth Edition, 10th Reprint, 1996, P-1116.

5. 5
J.L Gillin ‘‘defines parole is the release from a penal or reformative institution, of an
offender who remains under the control of correctional authorities, in an attempt to find out
whether he is fit to live free society without supervision.’’2
Penal Reform International has defined parole in the following language:
‘‘Parole is defined as the early release, under certain conditions, of a convicted offender from
custody. Individuals who are placed on parole are subjected to the supervision of a parole
officer and must adhere to conditions imposed by the custodial authorities. The length of the
parole period is generally established by law or by a court on the basis of law.’’3
2.1.1 Types of Release on Parole:
There three types of release which is given as Parole to the offenders. Those are following
with a sort description:
A) Conditional Release: Conditional release is that type of parole which is given to the
offender allotting with some conditions. The parole board has the exclusive
jurisdiction to grant, revoke or terminate the conditions of such type parole.
Conditional release is of two types, they are :
I. Full Parole
II. One day Parole
I) Full Parole: Full Parole is a form of conditional release that allows an offender to
serve part of a prison sentence in the community. The offender is placed under
supervision and is required to abide by conditions designed to reduce the risk of re-
offending, and to foster reintegration of the inmate into the community. Under full
parole, the person does not have to return nightly to an institution, but must report
regularly to a parole supervisor, and in certain cases, to the police.
2. J.L.Gillin, Criminology and Penology, 3rd Edition, 1980, Pg-339.
3. Penal Reform International Training Programme. Alternative to Imprisonment resource Kit. International
Standards, Models and experience in the use of Alternatives. Viewed from –<www.penalreform.org >, Date-
02/12/14.

6. 6
II) Day Parole: Day Parole provides offenders with the opportunity to participate in
on-going community-based activities. Ordinarily, the offender resides at a
correctional institution or community residence. Offenders are also granted day
parole in order to prepare for full parole and statutory release.
Offenders who are:
 Serving sentences of two years or more are eligible to apply for day parole six months
prior to full parole eligibility or after six months, whichever is greater.
 Serving life or indeterminate sentences are eligible to apply for day parole three years
before their full parole eligibility date or after three years, whichever is greater.
B) Statutory Release: Statutory Release requires for sentenced offenders to serve the
final third of their sentence in the community, under supervision and under conditions
of release similar to those imposed on offenders released on full parole. Offenders
serving life or indeterminate sentences are not eligible.
Offenders on statutory release are inmates who either did not apply for release on
parole, or who were denied release on full parole. Though statutory release is
legislated (i.e. it is not 'conditional' and is not granted by the Parole Board), the parole
board can deny a statutory release if a detention hearing determines that the offender
will likely commit an offence causing harm or death, a sexual offence involving a
child or a serious drug offence.
C) Release on Expiry of Sentence: Release on expiry of sentence is not a conditional
release. It is the full release which is required when someone has served the entire
sentence. It applies to offenders who were considered too dangerous to return to the
community under statutory release. In addition, some offenders eligible for
conditional release choose to stay in prison until the end of their sentences.4
2.1.2 Objective of Parole:
Penal Reform International has identified following five objectives of parole, those are:
4. David A Jones, History of Criminology: A Philosophical Perspective, 3rd Edition, Westport, Conn:
Greenwood Press.

7. 7
1. To conserve government resources, reduce cost and reduce overcrowding in
the prison system; to increase ‘rotation’ of the prison population;
2. To reintegrate convicted offenders into society by providing supervision and
treatment service ;
3. To preserve community safety by supervising convicted offenders ;
4. To control the behavior of inmates who are in custody by offering parole for
good behavior ; and
5. To encourage positive behavior of convicted persons while they are serving
sentences that deprive them from the liberty.5
V.V. Devasia and L. Devasia has identified another five objectives of parole, which are
given below:
1. Release of each prisoners from confinement at the most favorable time, with
appropriate consideration to requirements of justice, expectations of subsequent
behavior and cost.
2. The largest possible number of parole completions.
3. The smallest number of new crimes committed by released persons.
4. The smallest number of violent acts committed by released persons.
5. An increase of general community confidence in parole administration.6
2.1.3 Conditions of Parole:
General parole condition can be classified into two principal groups, namely:
a) Reform and
b) Control conditions.
a) Reform conditions help a parolee to lead a lawful life. Complying with the laws,
maintaining employment and supporting dependents and refraining from using drugs are
some examples of reform conditions.
5. Supra Note 3.
6. V .V. Devasia and Leelamma Devasia, Criminology, Victimilogy and Corrections, 2nd Edition, Ashish
Publishing House, Delhi, Pg-149.

8. 8
b) Because of control conditions the social workers help the offenders to fulfill the purpose of
parole. For example, reporting to parole officer upon release, cooperating with the parole
officer, and getting permission to change employment or residence etc.
The conditions of parole are sometimes determined by law sometimes by the parole board
and sometimes by other agencies. These conditions may include:
1. Leading a law abiding life;
2. Abstaining from intoxicating liquors or drugs;
3. Spending evenings at home ;
4. Restraining from gambling and other various habits ;
5. Supporting legal dependant ;
6. Remaining in a specified territory ;
7. Not changing residence or employment without permission ;
8. Not becoming dependent on charity;
9. Making restitution from crimes.7
In nearly all cases conditions of parole include:
 Obeying the law,
 Obtaining some form of employment ,and
 Maintaining some contact with a parole officer.
2.1.4 Termination of Parole:
A Handbook for Crime Victims developed by the American Probation and Parole
Association has pointed out two different ways by which parole may be terminated, they are:
1. Expiration of Sentence: The period of parole supervision usually runs as long as
the offender’s original calendar sentence or ends upon reaching a statutory date.
Therefore, a parolee is discharged when the date is reached.
2. Revocation: If a parolee violates the conditions of his/her release, the parole
officer informs a section of the parole department, at which time a decision is made
whether or not to issue an arrest warrant for violation of parole. Once a warrant has
been served and the parolee is arrested he/she is entitled to a hearing before a
representative of the parole board (usually known as hearing officer).Then after
7. Supra note 3, Pg-161.

9. 9
hearing parole may be continued or revoked .If parole is revoked, the offender is
returned to the custody of an institution .The parole cycle may not stop there however,
for eventually the revoked parolee will probably again become eligible for parole
consideration.8
2.1.5 Requirement of an Ideal Parole System in Bangladesh:
Purpose of parole is reformation and rehabilitation of prisoners before completion of their
sentences. For success it requires both the surveillance and assistance of the parolee. Only
supervision or assistance is not enough, rather the combination of both the two is required.
An ideal system of parole needs to contain some necessary elements without which the
system cannot operate smoothly. These elements are upheld below:
Firstly, a good combination of supervision and guidance can make the parole successful.
This will accomplish useful purpose of the parole by rehabilitating the parolees in particular
and society is benefited generally.
Secondly, after selecting the prisoners, they should be prepared sufficiently for the time when
s/he will be residing in the free society. A committee may be consigned to prepare the
selected inmates.
Thirdly, the parolee should be provided with suitable employment. It will help them to build
up confidence and to become independent. Parolees no more exist as a burden of the society;
s/he is now an incoming member. Financial solvency, confidence and independence of the
parolee have tremendous utility as it generates positive results for the society as well as for
the parolee and his/her family members.
Fourthly, parolees are rehabilitated in the society with the aid of various social agencies. The
parole authority should involve more social agencies and common people in the process of
rehabilitation. It will make the process informal and yield good results.
Fifth, Parole Boards should be kept beyond and political pressure and consideration. Fully
professional, qualified and impartial people must be the member of Parole Board.
8. Robert J. Gaffney and Vincent J. Iaria, Probation and Parole: A Handbook for Crime Victims, Developed by
the American Parole and Probation Association and the Suffolk County Probation Department, Pg-19.

10. 10
Sixth, the parole officer should be selected carefully. People having qualification, training,
and commitment can only be recruited as parole officers. Success of parole largely depends
on its officers who investigate and prepare case history and who supervise and guide the
parolee during the period of parole.9
2.2 Definition of Probation:
The word probation is derived from the Latin Word “probatum” meaning ‘the act of
proving.’ Probation is a trial period that must be completed before a person receives greater
benefits or freedom. In the criminal justice system probation is a particular type of sentence
for criminal defendants. It is a method by which the punishment of a convicted offender is
conditionally suspended upon the promise of good behavior and agreement to accept
supervision and abide by specified requirements.
Donald Taft defined probation “as the postponement of final judgment or sentences 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 officer of the court. In case of juvenile probationers, non criminal procedure
is adopted and it is less formal. Thus the system of probation involves behavior, or
conversely, compels him to perform certain required acts which may be irksome or even
painful to him.’’10
In theory, probation is not a form of leniency but is intended for offenders whose
rehabilitation can be better achieved by community care than by imprisonment. The main
purpose of probation, therefore, is to save the offender from the mischief of incarceration,
give him/her an opportunity to rectify himself/herself and maintain normal life like a law
abiding citizen in the society. Probation, thus, is a treatment device ordered by a court for
persons convicted for violating the law. But most notable and significant matter is that, the
offender’s original sentence remains in force and can be invoked if he violates the provisions
of the probation.
9. Prof. N.V. Paranjape, Criminology and Penology, 10th Edition, Reprinted 2001, Pg-351.
10. Prof. N.V. Paranjape, Criminology and Penology, 10th Edition, Reprinted 2001, Pg-305, 306.

11. 11
2.2.1 Origin of Probation:
The origin of probation can be traced to English criminal law of the middle ages. Harsh
punishments were imposed on adults and children alike for offenses that were not always of a
serious nature. Sentences such as branding, flogging, mutilation, and execution were
common. During the time of King Henry VIII, for instance, no less than 200 crimes were
punishable by death, many of which were minor offenses.
This harshness eventually led to discontent in certain progressive segments of English society
that were concerned with the evolution of the justice system. Slowly but resolutely, in an
effort to mitigate these inhumane punishments, a variety of measures were devised and
adopted. Royal pardons could be purchased by the accused; activist judges could refrain from
applying statutes or opt for a lenient interpretation of them; stolen property could be devalued
by the court so that offenders could be charged with a lesser crime. Also, methods such as
benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of
protection from the enactment of harsh sentences.
Eventually, the courts began the practice of "binding over for good behavior," a form of
temporary release during which offenders could take measures to secure pardons or lesser
sentences. Controversially, certain courts began suspending sentences.
In the United States, particularly in Massachusetts, different practices were being developed.
"Security for good behavior," also known as “good aberrance,” was much like modern bail:
the accused paid a fee as collateral for good behavior. Filing was also practiced in cases that
did not demand an immediate sentence. Using this procedure, indictments were "laid on file"
or held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted a
motion to quash based upon minor technicalities or errors in the proceedings. Although these
American practices were precursors to probation, it is the early use of recognizance and
suspended sentence that are directly related to modern probation. ’’11
Later on as a light of knowledge about probation for the modern time came from John
Augustus, the "Father of Probation," is recognized as the first true probation officer. In 1841,
John Augustus attended police court to bail out a "common drunkard," the first probationer.
11. A Brief History Of Probation, Viewed from-URL:<www.nyc.gov/html/prob/html/about/history.shtml>,
Date: 02.12.14

12. 12
The offender was ordered to appear in court three weeks later for sentencing. He returned to
court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his
appearance and demeanor had dramatically changed.
Augustus thus began an 18-year career as a volunteer probation officer. Not all of the
offenders helped by Augustus were alcohol abusers, nor were all prospective probationers
taken under his wing. Close attention was paid to evaluate whether or not a candidate would
likely prove to be a successful subject for probation. The offender's character, age, and the
people, places and things apt to influence him or her were all considered.
Augustus was subsequently credited with founding the investigations process, one of three
main concepts of modern probation, the other two being intake and supervision. Augustus,
who kept detailed notes on his activities, was also the first to apply the term "probation" to
his method of treating offenders.
Following the passage of that first statute, probation spread gradually throughout the United
States. The juvenile court movement contributed greatly to the development of probation as a
legally-recognized method of dealing with offenders. The first juvenile court was established
in Chicago in 1899. Formalization of the intake process is credited to the founders of the
Illinois juvenile court. Soon after, 30 states introduced probation as a part of the juvenile
court procedure. Today, all states offer both juvenile and adult probation.
2.2.2 Types of Probation:
Some types of probation that a judge will frequently order for a defendant are:
1. Unsupervised Probation: The offender will not be under the direct supervision of a
probation officer. However, they are usually required to abide by general rules and
laws, such as the ones involved in their charges. Unsupervised probation is generally
only available for less serious crimes such as petty theft. It is also often known as
“informal probation”.
2. Supervised Probation: This requires the person to periodically check in with their
probation officer, in addition to following the prescribed rules. Check-in appointments
may range from weekly visits to monthly telephone calls.

13. 13
3. Community Control: This is a more involved supervision scheme wherein the
person’s activities and whereabouts are constantly monitored. House arrest and ankle
monitoring devices are commonly employed in community control.
4. Shock Probation: Involves the judge sentencing a maximum jail or prison
sentence. After a short period of jail time, the judge will then release the offender in a
standard probation program. The aim is to “shock” the person into complying with
probation requirements.
5. Crime-specific types: More serious offenses, such as drug offenses or sex offenses
may require that the offender take additional steps such as obtaining counseling,
rehabilitation, and placement on a local offender registry.
Another type of sentencing is known as diversion. Diversion is not technically a probation
sentence. Rather, it is a treatment program that begins even before trial starts. If the offender
completes the program successfully, they can often have the case dismissed and their record
purged of the offense. 12
2.2.3 Objectives and the Basic Elements of Probation:
V .V. Devasia and L. Devasia have identified four elements of probation, those are:
1. a postponement of sentence;
2. a period of re-socialization for the criminals in the community
3. the ‘criminals’ observance of the conditions imposed by the court; and
4. The supervision of the criminals by the probation officer.13
The general objectives of probation are:
1. Protection of the community and enhancement of public safety through supervision of
offenders and enforcement of the conditions of probation
12. David A Jones, History of Criminology: A Philosophical Perspective, 3rd Edition, Westport, Conn:
Greenwood Press.
13. V .V. Devasia and Leelamma Devasia, Criminology Victimilogy And Corrections, 2nd Edition, Ashish
Publishing House, Delhi, Pg-135.

14. 14
2. Provision of opportunities to offenders which can assist them in becoming and
remaining law abiding citizens; and
3. Provisions of accurate and relevant information to the courts to improve the ability to
arrive at rational sentencing decisions.
Penal Reform International has identified five basic objectives of probation, those are:
1. To maintain supervision over convicted offenders;
2. To require offenders to abide by specified conditions that are focused on rehabilitation
,treatment and the prevention of any reoccurrences in the criminal behavior;
3. To promote the human dignity and encourage positive behavior of offenders;
4. To conserve government resources and reduce costs; and
5. To promote community involvement in dealing with crime and the rehabilitations of
offenders.14
2.2.4 Scope of Probation:
Probation bears a very significant place in the penal policy of any country as it is a matter of
re-correction and instrument of reformative justice. Through probation conflicting demands
of treatment and punitive reactions to crime can reconcile. But it is a matter of delectation
that how policy should be devised and what policies should adopt to react crime. The
conditional suspension of sentence under probation has served both the purpose provided by
deterrent and reformative theories. Probation provides necessary assistance and guidance to
the probationer for his/her proper rehabilitation to the society. By the reformation process a
probationer gets the chance to rectify himself/herself in the society. As there lays a threat of
being back under the sentence again for violating the provisions of probation rules the
probationer always try to maintain these. Probation therefore in many ways serves the
offender i.e. probationer, family as well as a society .Some notable ways are uphold below:
Firstly, the main theme of probation is to keep the probationer away from crimes what is
done and also from all sorts. If there were no opportunity like probation and out of power or
emotion the offender would get free from the custody or beyond sentence without condition,
then it would make an idea in the offender’s mind that the society has accepted his crime and
he will continue it. So an effective probation system can barred such occurrence.
14. Penal Reform International Training Programme. Alternative to Imprisonment Resource Kit. International
Standards, Models and experience in the use of Alternatives. Viewed from –<www.penalreform.org >, Date:
02/12/14.

15. 15
Secondly, it is normally known to all that fear of punishment keep the human from doing
wrong or violating laws. In case of probationers these philosophy also works besides going
back to custody always works in their mind as a refrained to violate provisions of probation.
It deters the offenders from commissioning any crime.
Thirdly, if the offender remains in jail there with mixing with other serious offender a person
can become more furious to commit crime. But if under probation a probationer gets the
chance to live with society he/she can determine and concentrate to reform him/her as to need
of society. Enlarging an offender on probation saves him/her from stigmatization and caters
to a ground to come back to normal life.
Fourthly, through the probation a probationer gets the chance to move freely in the society as
a law abiding citizen. Moreover a probationer if provided with suitable job will dispose of
domestic responsibility and can give financial support to their family.
Fifth, conditions provided under probation by the probation officer create a binding to
maintain it to the probationer, which help him/her to be punctual and practical. This sense of
self-esteem will be motivating force for other probationer later.
Sixth, probation saves public money which would spend for an offender to keep him/her in
jail. And lastly in the mind of an offender probation creates a committed responsibility to his
family.
2.2.5 Evaluation of the Probation System:
There are many opinions in favor and against the probation system. Some of them argue that
probation system can enlarge the repetition of crime in the society which can be a threat.
Against this backdrop some argue that probation system giver more emphasis on offender
and can be appreciated as a part of sound penal system.
Probation as most recognized reformation programs for the first time offender and young
offender always tries to achieve its goal. Though it does not succeed all the time, but in
endeavors to serve broader social needs. Though some probationer commits the violation of
provisions and become career criminal when probation fails. Then after probation becomes
successful as most of the offenders placed on probation will not be professional criminal.
Evaluating the probation system of USA Samuel Walker said as below:

16. 16
‘‘Probation is the most common sentence given to convicted criminals. More than half of all
convicted adult felons are placed on probation, and the rate is even higher for juveniles.
Sentencing practices vary widely across the country. Detroit sends only 38% of its adult
felons to prison; while Indian police incarcerates 75%. Probation is common in juvenile
court. As many as 80 to 90 percent of juvenile who receive a formal disposition are placed on
probation.’’15
‘‘Though a number of devices have been introduced to achieve the progressive goal of
reformative justice, probation is different of them .The purpose of probation is to narrow
down the gap between confined life of prisoner and free life to the society. The institutional
system of probation will work better if it can engage commoners in administering the
probation successfully. The involvement of common people will break down the prejudices
about probation in them. At the same time they will develop some sense of responsibility to
assist the convicted person to understand their mistake and come back to normal life. When
talking decisions about what sort of treatment a convicted requires, Swedish court take
assistance of the committees of laymen. In the USA many honorable citizens help and advice
the inmates in the capacity of ‘Guardian’. Engagement of laymen and members of civil
society has great utility in rehabilitating the probationer.’’16
Penal policy of Bangladesh lags far behind the civilized standard. Bangladesh is still
revolving around crime-punishment and trial-sentencing concepts. Though it provides for the
probation but its scope is very narrow and most of the times are unutilized.
15. Supra Note 9, Pg-309, 310.
16. Hafizur Rahman Karzon, Theoretical and Applied Criminology, 1st Edition, Palal Prokashoni and ELCOP,
2008, Pg -321.

17. 17
Chapter - Three
Laws on Probation and Parole in Bangladesh
3.1 Laws on Probation:
In Bangladesh though in several law’s provisions are laid indicating probations but those
provisions are not specified and clear directing probation. Provisions where probation is
found and directed clearly are discussed below:
3.2 Probation of Offenders Ordinance 1960:
The Probation of Offender’s Ordinance, 1960 deals with conditional discharge and probation
of a convicted person. This ordinance is spectacular in that because it connects Bangladesh
with the progressive web of correctional justice.
Section 3 of the Probation of Offender’s Ordinance 1960 empowered the following courts to
exercise power under this Ordinance. These are:
1. High Court Division;
2. Court of Sessions;
3. District Magistrate;
4. Magistrate of the 1st Class; and
5. Any other magistrate specially empowered in this behalf.
Section 4 says, Court may exercise power under this Ordinance, whether the case comes
before it for original hearing or on appeal or revision. When the court finds any person guilty
for an offence punishable with imprisonment for not more than two years who has not
previously been convicted, it after considering the age, character, antecedents or physical or
mental condition of the offender and the nature of the offence or any extenuating
circumstances may make an order discharging him after due admonition or if the court thinks
fit, it may likewise make an order discharging him subject to the condition that he enters into
a bond, with or without sureties.
Before passing such order court shall inform him that if he fails to show good behavior or
commit any offence for the time specified he has to suffer the sentence exempted. The
probation period for good behavior shall not exceed one year.

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Section 5 says, the offences for which court can order for probation are,
 Any female person convicted of any offence other than an offence punishable with
death.
 Any male person convicted of an offence not being an offender under Chapter VI or
Chapter VII of penal Code (Act XLV of 1860) or under section 216A, 328, 386, 388,
389, 392, 393, 398, 399, 401, 455 or 354 of that Code, or an offence punishable with
death or imprisonment for life.
Court shall not pass a probation order unless it is satisfied that the offender or one of his
sureties, if any, has a fixed place of residence or a regular occupation within the local limits
of its jurisdiction and is likely to continue in such place of dwelling or such occupation,
during the period of the bond.
While making a probation order ,the court may also direct that the bond shall contain such
conditions as in the opinion of the court may be necessary for securing supervision of the
offender by the probation officer and also such additional conditions with respect to
residence, environment, abstention from intoxicant and any other matter.
Section 7 says, if the court by which an offender is bound by a bond has reason to believe
that the offender has failed to maintain any of the conditions of his bond, it may issue an
warrant of his arrest or may issue summons to the offender or to his sureties.
After hearing the case, if the court finds that the offender has failed to observe any of the
conditions of his bond it may sentence him for the original offence or without prejudice to the
continuance in force of the bond, impose upon him a fine not exceeding one thousand taka.
3.3 Children Act 2013:
Children Acts of 1974 stipulates probation officer for the accomplishment of its object. This
Act made the provisions for probation service and appointment of probation officer for the
reformation of offenders under the age of 16 years. According to section 31 of the Children
Act 2013 ‘government shall appoint one probation officer for every district and they shall
perform their duties under the supervision of Juvenile Court or in absence of Juvenile Court
under District and Sessions Judge’.

19. 19
3.4 Provisions of Parole:
The provisions of parole exists in Bangladesh is as follows,
3.5 Laws in Bengal Jail Code 1864:
There are some provisions lied related with parole under Chapter XIII of the Jail code of
Bangladesh, which are illustrated below:
According to the section 598-A (1) there shall be formed an Advisory Board under every
Central Jail, which shall, in order to release the prisoner when their time for imprisonment is
finished and the at same time the prisoner whose imprisonment are near about to finish, to
save and control the cost of prison, to rehabilitate some prisoners with a chance who are new
offender and have the possibility to readjust and to expedite the process of rehabilitation.
(2) The advisory board will consist of-
Chairmen – Inspector General of Jail
Vice-chairmen – District Judge or Additional District Judge
Member – District Commissioner or Additional District Commissioner
Member – Two members from Jail Inspector nominated by Inspector General of Jail
Secretary General – Sub-Inspector General of Jail responding to Central Jail
As to Section 598-B, (1) Prisoners of first time offender will apply to the advisory board for
release on parole.
(2) Prisoners convicted under Section 466, 467, 468, 469, 471, 472, 473, 474, 396, 397, 398,
399, 400, 401, and 402, and 489-A, 489-B, 489-C, and 489-D of Penal code shall not be able
to apply under this provision.
According to section 598-C, Board may take into consider the offences under section 147,
363, 364, 365, 366, 367, 368, 369, 377, and 412 of the Penal code. Beside this board may
take into consider about offences relating to women where inhuman torture were absent and
mutual agreement lied between the offender and victim.

20. 20
598-E, says board may take into consider about the prisoner convicted by the Court Marshall.
598-F, says board may also take into consider about the political offences which are not
amount to serious crime by the prisoner but before taking this matter into consideration board
shall inform the matter to the government and shall wait for the decision by the government.
598-H, says board shall take into consider about the prisoner affected by the contagious
disease such as tetanus , tuberculosis and other serious diseases after taking certificate by the
medical officer into account.
598(1) Board shall take into consider not only the nature of offence of the prisoner but also
take their behavior, character, nature of conduct with other prisoner, previous result and
history in jail and also consider the matter whether his release will affect in the society. In
case of prisoner convicted by the Court Marshall board shall consider only about the
prisoner’s behavior in jail.
(2) Secretary-General of Board shall provide the information given below in the board
meeting,
 Judgments given by the competent court.
 Previous history of the prisoner given by his District Jailor Officer, where the prisoner
would reside.
 Prisoner’s record of Jail
Secretary-General may also take into account the opinion given by the District Magistrate
and Police Super of district
3.6 The Code of Criminal Procedure 1898:
According to section 565 of the Code of Criminal Procedure 1898 ‘when any person having
being convicted by a Court in Bangladesh under this provision before getting released the
prisoner shall have to attach the address where he will reside after getting release in the
Release Dairy of the prison. That address used in the Release Dairy will be used in release
notice and three copies of this address will be sent to the Jailor and Police Super of that area
which is given as address by the prisoner.

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Chapter - Four
Practices of Probation and Parole in Bangladesh
4.1 Developmentof Probationin Bangladesh:
Bangladesh17 as a province of India was regulated by the laws of then India. Here sections
562,563 and 564 of the Code of Criminal Procedure 1898 embodied the laws of probation.
All these sections dealt with the discretion of court to release certain convicted offenders on
probation of good behavior instead of sentencing to punishment.
Later on, the Children and Younger Act 1908 was passed and empowered the court to release
certain Juveniles on probation of good conduct. In 1961, a committee was appointed to
review section 562 of the Code of Criminal Procedure. The purpose of the review was to
extend the application of probation and it was extended in 1923 by enactment. After the
submission of report of Indian Jail Reform Committee in 1920, law provided that first
offenders would be enlarged on probation unconditionally after admonition. In 1931, central
government of India prepared a Bill on probation and sent it to provincial governments. But
finally the bill did not come out as a law. Section 562, 563 and 564 of the Code of Criminal
Procedure were repealed by the Probation of Offenders Ordinance, 1960. Now the system of
probation is regulated by this Ordinance and by the Probation of Offenders Rules 1972.
4.2 Procedure for Granting Probation:
In Bangladesh the order of the probation may be given in two ways. They are,
Firstly, in a criminal case, presiding judge can suspend the execution of the judgment and
order the probation officer to investigate the socio-economic condition of the accused and
submit report to the court. In the report the probation officer may recommend for the
probation of that offender if he thinks that there is a prospect of reformation of that offender.
After examining the report submitted by the probation officer court may pass order of
probation for that person.
Secondly, under some laws i.e. Children Act 2013 the presiding judge is bound to order for
the probation instead of the punishment provided of that offence. Moreover, for the first
17. Present Bangladesh and West Bengal province of India constituted the province till 1947. After 1947 it
became one province of Pakistan and was named as East Pakistan.

22. 22
offender or offender of small offences judge can order for probation without the
recommendation of the probation officer.
4.3 Qualifications of Probation Officer:
A probation officer may be any person appointed by the officer-in-charge.18 The Probation of
Offenders Rules, 1971 specifies the qualifications of a probation officer. A person shall not
be appointed as a probation officer unless,
(a) he is more than 20 years and less than 30 years of age at the time of his first appointment
as probation officer;
(b) he is an Honors graduate in social welfare or social work or an M.A in social welfare or
social work from a recognized university;
(c) he possesses a good character and is in good mental and physical health;
(d) he is a citizen of Bangladesh and a permanent resident of Bangladesh.
4.4 Duties of probation officer:
According to section 13 of the Probation of Offenders Ordinance 1960, a probation officer
shall
(a) visit or receive visits from the offender at such reasonable intervals as may be specified in
the probation order , or as the officer-in-charge may think fit;
(b) see that the offender observes the condition of the bond executed;
(c) report to the officer -in -charge as to the behavior of the offender;
(d) advise, assist and befriend the offender, and when necessary endeavour to bring the
offender in any suitable employment; and
(e) perform any other duty which may be prescribed by the Probation of Offenders Rules,
1971.
‘‘A probation officer shall-
18. Section 12 of the Probation of Offender’s Ordinance, 1960.

23. 23
(i) explain to every probationer placed under his charge, the terms and conditions of the
probation order made in respect of such probationer, and, if so deemed necessary, by warning
and endeavour to ensure the observance thereof by the probationer;
(ii) in the first two months of probation, meet the probationer at least once in a fortnight, and
thereafter, subject to the probation order or any special order of the Director keep in close
touch with the probationer, meet him frequently, make enquiries into his conduct, mode of
life and environment and wherever practicable, visit him from time to time;
(iii) if any probationer under his charge be out of employment endeavour to find suitable
employment for him and assist, befriend and advise him and strive to improve his conduct
and general condition of living;
(iv) encourage every probationer placed under his supervision to make use of any recognized
agency, statutory or voluntary agency which might be contributes towards his welfare and
general well-being and to make advantage of the social recreational and educational facilities
which such agencies might provide;
(v) where a probationer under his supervision, who has executed a bond with sureties, is
found to have committed breach of the terms of his bond or to have otherwise misconduct
himself, bring such breach or misconduct to the notice of the Court and the probationer’s
sureties;
(vi) maintain the books and registers and submit reports as prescribed by the rules;
(vii) subjects to the provisions of these rules, carry out the instructions of the Court in regard
to any probationer placed by the Court under his supervision.’’19
Every probation officer shall maintain-
(a) A register of probationers, which shall be kept in his office under his custody;
(b) A diary on yearly basis in which shall be recorded from day to day such matters as his
visit to and meetings with the probationer under his supervision and their sureties, the work
done by him for the betterment of the probationers and his observations with regard to their
conduct and employment;
19. Section 4 of the Probation of Offender’s Ordinance Rules, 1971.

24. 24
( c ) A case file for each probationer under his supervision wherein he shall keep an accurate
and dated record of all contacts and interviews with the probationer and his families or other
persons related to the case and copies of all correspondences and reports related to the case;
and
(d) Such other records as the government or the Director may direct.20
4.5 Major Functions of the Probation Officer:
The success of probation system largely depends on the functions of probation officer. If
probation officer disposes of his/her responsibilities properly, that can strongly assist the
rectification and rehabilitation of the probationer. Investigation of the history of the
probationer, pre-sentence report, surveillance, and supervision of the probation officer are
very important as proper dispensation of all these responsibilities will result successful
coming back of the probationer to normal life.
4.6 Procedure for Parole:
Generally a parole board created by the statutes possesses the authority to release prisoners
from incarceration. For lesser offences, the determination of eligibility for parole is often left
to the parole board. Parole will be ordered only if it serves the best interests of the society.
Parole is not considered to be a method of reducing sentences or awarding a pardon. Parole
statutes generally identify a specified period of imprisonment that must be served before a
prisoner is eligible for parole. The time periods are often a percentage of the prison sentence,
and can vary according to the crime for which the prospective parolee was convicted.
Parole is less often administered directly by the executive than it is by a board or officer with
the power to release a convicted after he has served the minimum of an indeterminate
sentence. Parole is designed to give the prisoner a chance to readjust and to expedite the
process of rehabilitation.
4.7 Duties of Parole Officer:
Generally a parole officer has to perform the following duties:
1) Make recommendations regarding the initial placement of an offender;
20. Section 5 of the Probation of Offenders Ordinance Rules, 1971.

25. 25
2) Investigates offender’s past and present behaviors by interviewing other inmates
,institutional authorities, police, family and friends of the offender;
3) Plan and programs for offenders during their imprisonment;
4) Assess the suitability of penitentiary inmates for release under parole and submit
recommendations;
5) Develop liaisons and networks with other parole officers, social welfare and
community agencies ,staff in correctional institutions, psychiatric facilities and after
care agencies;
6) Supervise those who have been released on parole;
7) Offer guidance and direction to parolees in dealing with job-related and personal
problems.

26. 26
Chapter – Five
Analysis of Some Recent Case Studies in Bangladesh
In a third world country like ours there is also trend for parole and probation as a correctional
method for the criminals instead of imprisonment. But most often these methods which have
been using as a substitution instead of imprisonment for the offenders are used as a political
advantage for the offenders sometimes within the range of trial or out from the range of trial.
After the independence of our country or very early time of our independence politicians and
individuals influencing politics or relating with the politics are taking these advantage in the
negative way, in a short abusing these methods.
From the very early age of our independence, in our country parole has been using into the
following ways:
1) Parole for a specified period.
2) Parole for an indeterminate time but upon condition.
Both the above parole system are mostly using trend for the offenders in our country. The
first one i.e. parole for specified time period is given usually to all the offenders in general
who are in jail under trial processing time, upon the application by the relatives in favor of
him/her in while some one very nearest is dead or the candidate himself is very sick. There
are given two most recent example of such parole system below:
5.1 Delwar Hossain Saydee: Delwar Hossain Saydee who is a Jamaat-e-Islami leader, a
common face as an Islamic Speaker in our country, who is facing Charges of crimes against
humanity. During his trial pending he has got two times parole for taking part in Burial
(Namaje Janaja) of his eldest son and his mother. According to the section 4(2) of the
Probation of Offender’s Ordinance he was given parole for a specified period so that to attend
the Namaje-Janaja of his mother and later on for his eldest son. He was given free on parole
first on 28th October, 2011 for his mother’s death and second parole on 14th April, 2012 for
his eldest son’s death.21
21. Delwar Hossain Sayedee, Bangladesh Islamic Party Leader, Freed on parole, Huffington Post, 28th October
2012, 28th February 2013.

27. 27
5.2 Lutfujjaman Babor: Lutfujjaman Babor who was a former Home-Minister of our
country during the reign of Four Party alien (2001-2006) arrested in 2007 in charge of having
connected with the most wanted ‘Ten Truck Arms Case Chittagong’ and ‘21st August
Grenade Attack Case’. He was given parole during the time of trial processing against him
for her mother’s death and better treatment in PG Hospital under section 598H of the Jail
Code 1860 under the Supervision of Police. Again Mr. Babor was freed on parole on 7th
December, 2008 for taking part in the 9th National Election under section 4(2) of the
Probation of Offender’s Ordinance 1960 while trial against him was pending.22
Now the second parole system i.e. parole for an indeterminate period but upon condition.
This type of parole is given in our country as well as other countries of the world also.
Actually in the Law this type of parole is permitted expressly upon the condition of the
offender and the nature of their crime. But in practical without considering the requirements
for granting parole in our country most politicians are getting the opportunities through
minimum cost. Even for getting parole for the politicians no particular rule are considering
and there lies lots of questions whether the offence done by the politicians are suitable for
granting parole or not!
There are given some case studies of such parole below:
5.3 Ex-president Hussain Mohammed Ershad: The name of Hussain Mohammed
Ershad is very close with the history of parole in our country. Mr. Ershad was an Army
Officer General who in his early life served the nation as an Army. Then after the happening
of the President Zia killing he became the president of our country in 1982 and reined the
country till 1991 for nine years with an iron hand. After disposing from the power through
the protest and revolution by the opposite political parties with the help mass people there
held National Election in 1991 where BNP formed Government and present govt. Awami
League was the parliamentary opposition party. President Ershad was arrested in Khaleda
period in charge of power-abuse, corruption, murder case of Doctor Milon and many others.
During the Khaleda period from 1991-96 he was an M.P and getting accused in case one after
one. He took part in the next election that was held in 1996 from the jail and also elected
M.P. According to section 598F of the Jail Code 1960 and Section 4 of the Probation of
Offender’s Ordinance 1960 on Aug 13, 1996, Six years after he was ousted in a popular
22. The Daily Star (Bangladesh), Charge framing hearing against Babar on April 11, 2010.

28. 28
uprising and flung into jail, Ex-president Hussain Mohammed Ershad, out on parole, is quite
easily the most celebrated member of the Bangladesh Parliament.
Ershad blames the previous government led by the Bangladesh National Party (BNP) for his
long incarceration, and claims the cases filed against him were “politically motivated”.
5.4 Sheikh Hasina: Sheikh Hasina, the present prime minister of our country was also
arrested on 16th July, 2007 by state police at her home and taken before a local court in
Dhaka. She was accused of extortion and denied bail, and was held in a building converted
into a jail on the premises of the National Parliament while the military-backed government
worked to develop graft and corruption cases against leaders and members of both major
parties, trying to grapple with one of the nation's major continuing problems in 2007. On 6th
February, 2008 the High Court stopped the trial, ruling that she could not be prosecuted under
emergency laws for crimes alleged to have been committed prior to the imposition of the
state of emergency. She was still on jail. On 11th June 2008, according to section 598H of the
Jail Code 1860 and section 4(2) of the Probation of Offender’s Ordinance Hasina was
released on parole for medical reasons. The next day she flew to the United States to be
treated for hearing impairment, eye problems and high blood pressure.23
5.5 Tarek Rahman & Arafat Rahman: Two sons of Ex-president Shaheed Ziaur
Rahman and Ex-prime minister Begum Khaleda Zia, Mr. Tarek Rahman and Arafat Rahman
were said having involve in abusing power and corruption during the period of Four Party
Alliance from 2001-2006. Especially Mr. Tarek was ahead with political flavor as a next
Head of the Party. During the time of military-backed government work in 2007-2008 as a
part of developing graft and corruption cases against leaders and members of both major
parties, Tarek Rahman on 7th March, 2007 and Arafat Rahman on 3rd September, 2007 were
arrested. Both of Tarek and Arafat were brought charge of money laundering, illegal
transaction, and corruption cases. It is said that by the name of remand interim govt. of that
peril of tortured over the brothers cruelly by the RAB and POLICE that time. For which
bones of Tarek were broken and Arafat also seriously injured. And not to be disclosed this
matter in public both the brothers are signed in bond to go abroad by name of better treatment
and retire from politics. Both Tarek and Arafat Rahman parole were granted according to
23. “Ex-PM sued on corruption charges in Bangladesh”, Associated Press (International Herald Tribune), 2nd
September 2007.

29. 29
section 598F of the Jail Code 1860 and section 4(2) of the Probation of Offender’s Ordinance
1960 for emergency better treatment by the cost of family on application by their lawyer.
Both Tarek and Arafat were signed in bond to return back to the country after treatment
according to section 5(2) of the Probation of Offender’s Ordinance 1960. In pen and paper
both the brothers are seen freed on parole but they were compelled to leave country then by
name of medical treatment.24
Though the trend of giving parole is used to in our country, but very often it is misused and
given only to the politicians or powerful persons. Ordinary people are still kept out of this
method through the name of procedural distance. As a result only powerful persons are
enjoying the parole by name of correctional method but indeed there is no correction
happening and parole become a way for the powerful persons to commit crimes.
24. “Tarek Rahman: Mith O Bastobota /Sompadokio / Bangladesh Protidin”, .https//:www.Bd-pratidin.com.bd,
23-09-2013, Retrieved 10-12-2013.

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Chapter – Six
Concluding Chapter
Though in law there is said many provisions about parole and probation but sincere
implementation is another thing. Any initiative will fail to achieve its goals in absence of a
sincere implementation. So whatever recommendations are given by me is not a matter. The
matter is whether they are strictly implemented or not. So, strict implementation of the
following opinions can ensure good service form Probation and Parole System in
Bangladesh. I would like to give some opinions as recommendation for Probation and then
Parole measuring the present provisions of parole and probation.
6.1 Findings of Probation and Parole:
Probation:
 Good laws cannot ensure safety of the society if it is not implemented in good way.
The philosophy for introduction of probation is good but it is misused. There are some
criteria in granting probation but money is the present criteria of granting probation.
The probation officer grants probation in consideration of money. So indirectly it
encourages the criminal to commit crimes. So in order to serve the purposes of the
probation it is necessary to ensure accountability of the probation officer and there
should be punishment for him if he abuses his power of granting probation.
 Though there is provision of probation officer in pen and paper it would be tough
enough to find out a probation officer. That means probation is not highly exercised
or practiced in our legal arena. Therefore, in reality there is no effective
implementation of probation in Bangladesh though there is a law in this respect.
 Probation is a neglected programme in Bangladesh; so there is lack of proper
management and supervision over probation. Moreover the probation officers are
indifferent to their duties because practically the persons who are appointed as
probation officer, most often a Sub-Inspector, are busy with other activities conferred
upon him. So he has not enough time to effectively monitor, supervise, taking care of
the probationer. Therefore, a probation officer should be appointed from a person

31. 31
whose only duty would be to take care, monitor, supervise and control the probationer
and helping him to come back in normal life.
 The legal system of Bangladesh is mainly based upon penal theory. If anyone
commits offence he should be punished for his offence. Laws are strict on the point of
punishment because it does not bother to see the backstage scenario of the
commission of crime. Why he committed the crime- law is not concerned of it rather
interested to see whether he commits the crime or not; if commits; will be punished in
accordance with law. Most often a criminal is forced to commit crime due to social,
economical and political factor. If the society compelled him to be an offender, it
would not be unreasonable to give him an opportunity to reform him. So in our legal
system reformatory theory should have a special place. A co-operative and friendly
society is necessary for the first time and tiny offender in order to prevent them
becoming habitual offender. Our legal system should emphasis on reformative theory
that is probation and for this it is necessary to amend and modify it.
Parole:
 Parole is granted on the sign of good behavior form the prisoner. To develop good
behavior good atmosphere is essential. But the environment of our jail administration
instead of changing a prisoner makes him a permanent criminal. Nowadays our jail
administration has become a centre of production of criminals.
Now the question is what is the relevancy of parole with jail administration?
Though parole is not directly connected with jail administration, the environment of
jail hampers to the purpose of parole. The philosophy of parole is “to reward a
positively changed prisoner.” But the environment of jail is not good enough to
positively change a prisoner and not friendly to the prisoner. Therefore, to serve the
philosophy of parole the environment of jail is to be positive.
On the other hand, parole can be used as medicine to improve the environment of the
jail because it is a process where an offender is released before the termination of his
imprisonment and every prisoner is desirous of getting free from jail. Therefore, the
success of jail administration more or less depends on parole or it may help to develop
a positive environment in the jail. Thus, the success of parole depends on the effective
use of parole.

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6.2 Recommendation for Probation and Parole:
Probation:
 In our society an offender is treated in a negative way. People ignore him and society
is not friendly with him. So the approach of society and its member towards offender
is negative. Therefore it is the high time to change our approach and take a positive
approach towards offenders. Because they are also the members of the society and if
they are given an opportunity to change may come back to the normal life and for this
people’s positive approach is very essential. They cannot be restored in normal life
without people’s positive approach. To create positive approach creating of public
awareness is very essential. So the government should take necessary steps to increase
public awareness in order to facilitate restoration of offender in the society through
probation.
 As in civil system there is a supplementary method that is Alternative Dispute
Resolution; so probation can be made a supplementary method of criminal justice
system because if we are able to make it supplementary to criminal justice, we will be
able not only to reduce crimes but also to remove various social problems which are
responsible for crimes and social disorder. Probation gives an opportunity to an
offender to change him. Suppose he commits crime for financial crisis giving him a
job not only restores him in normal life but also helps in social development. So
probation should be made a supplementary to the criminal justice system and will be
granted according to the degree of offence and offender.
 Government should not be indifference to probation and she should take it seriously
for socio-economic development of the country.
How it can serve for socio-economic development of the country?
Before giving answer it is necessary to analyze the philosophy of the probation. The
philosophy of Probation is to reduce crimes by restoring a criminal into normal life to
contribute for the social development. So probation is more effective form of

33. 33
punishment because its motto is “Changing criminal to serve society.” So probation
not only reduces crime but also serve the society.
Now the question is - How this service can ensure socio-economic development?
The precondition for the socio-economic development of a country is an orderly and
organized and stable society. Reduction of crime will help to stable the society. As
probation will reduce crime as well as restore the offender in the society; so the
offender gets the opportunity in the economic development of the society. That means
probation servers to ensure social stability which helpful for economic development.
Therefore it can be said probation is friendly for the socio-economic development of
the country. Thus it is high time for the government to emphasis on probation for
socio-economic development instead of ignoring it.
Parole:
 As parole is a reward for being complied with the rules of jail; so a positive
motivation on the mind of prisoner is to be created regarding parole. If it is possible, it
may encourage the prisoner to lead an ordered and disciplined life into the four wall
of jail. It will also help him to settle into the society easily and to lead a normal life
after the termination of the imprisonment. So govt. may use parole as an instrument to
serve society.
 Non-categorization of criminals has huge impact on parole. The motive of parole is to
bring positive changes into the mind of criminals. But non-categorization paves the
way to get accompany of habitual offenders. So, a minor offender may be released as
habitual offender. Therefore, categorization of criminals is crying need for serving the
philosophy of parole.
 There should be employment opportunities in jail for the offenders and offenders who
have family and children should have opportunity to have sexual intercourse and pass
time with their children through parole to maintain his family.
Now the question is- As he committed the offence, why should he be granted parole
on such ground?
Penal theory may not support this proposition but from social aspect it has great
importance. Punishment is a way or instrument to keep peace and stability in the
society. The philosophy to keep peace and stability in the society may be served in

34. 34
any other way. If the other way alternative to the punishment is able to effectively
serve the society to maintain peace and security, applying that alternative would not
be unreasonable and unlawful.
How does it serve the philosophy of punishment effectively?
Broken family is one of the main reasons for social disorder, social degradation and
increase of crimes. If the offender is the only earning member of his family, the
opportunity of employment and passing time with his family through parole will help
to maintain and protect the family form broken down. This may cause a positive
change into him which is beneficial to society.
 Parole is a quasi-judicial order; so it should be a judicial order. As an offender is
imprisoned by the decision of the Court, therefore, it would be more reasonable to
grant parole by an order of the judicial body. There can be a judicial committee which
duty would be to monitor, control, supervise or grant parole. The grant of parole by
judicial committee will increase the credit worthiness of parole. Moreover, it will
pave the way for judiciary to play an important role in the development of jail
administration.
 Parole cannot be granted on political consideration on the other hand parole is to be
used to reduce misuse of political power.
Parole cannot be granted on political consideration means it cannot be used in order to
serve malafide political intention. Rules and standards laid down in the laws are to be
considered in granting parole. To reduce misuse of political power means if any
person is arrested or convicted for political persecution or political harassment, parole
is to be granted to that person
As the ultimate power of granting parole is in the hand of the government; so
whatever recommendations are given by the Parole Board constituted under Rule 498
A of the Jail Code, if the govt. is politically biased, it may grant parole where it
should not be granted and may not grant where it should be granted. Rule 498F of the
Jail Code says that the Board may consider about the convicted political offender but
before taking into notice it shall inform the matter to the government and shall wait
for decision. This is a huge power in the hand of government. So, this provision

35. 35
should be abolished and the ultimate power of granting parole should be given to the
judicial board as above said which would reduce political abuse of parole.
6.3 Conclusion:
The object of the criminal justice system is to reform the offender, and to ensure the security
of the society and the security of its people by taking steps against the offender .It is thus a
correctional measure. This purpose will not be fulfilled only by incarceration; other
alternative measures like parole, admonition with fine and probation can contribute to fulfil
the purpose. The success of probation is entirely in the hands of the Government and the
resources it allots to the programmes. Resources are needed to employ trained probation
officers, to set up homes for that on probation and also for their training. It can be said that,
Thus while concluding it can be said that both parole and probation are after sentence
correctional methods those were originated to give the good intimates an opportunity to
rehabilitate in the society. But available data indicates that parole and probation do not
become always successful. For this it is very difficult to determine which inmates will again
become lawful member in the society. But abolition of these methods are not any solution
.More over parole and probation keep a way open for the offenders to come back to normal
life. So parole and probation would be effective only where the judiciary and the
administration work together and when there is a sincere attempt made to implement it. It
would be great benefit for a country like Bangladesh, where the jails are often overcrowded;
with frequent human rights violations which would be harden the human inside a person.

36. 36
Bibliography
Laws:
 Children Act, 2013.
 The Bengal Jail Code, 1864.
 The Code of Criminal Procedure 1898.
 The Probation of Offenders Ordinance, 1960.
 The Probation of Offenders Ordinance Rules, 1971.

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Books:
 Black Law Dictionary, Sixth Edition, 10th Reprint, 1996.
 David A Jones, History of Criminology: A Philosophical Perspective, 3rd Edition,
Westport, Conn: Greenwood Press.
 Hafizur Rahman Karzon, Theoretical and Applied Criminology, 1st Edition, Palal
Prokashoni and ELCOP, 2008.
 J.L.Gillin, Criminology and Penology, 3rd Edition, 1980.
 Prof. N.V.Paranjape, Criminology and Penology, 10th Edition, Reprinted 2001.
 Prof. N.V.Paranjape, Criminology and Penology, 10th Edition, Reprinted 2001.
 Robert J. Gaffney and Vincent J. Iaria, Probation and Parole: A Handbook for Crime
Victims, Developed by the American Parole and Probation Association and the
Suffolk County Probation Department.
 V .V. Devasia and Leelamma Devasia, Criminology Victimilogy and Corrections, 2nd
Edition, Ashish Publishing House, Delhi.

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Articles:
 “Ex-PM sued on corruption charges in Bangladesh”, Associated Press (International
Herald Tribune), 2nd September 2007.
 Present Bangladesh and West Bengal province of India constituted the province till
1947. After 1947 it became one province of Pakistan and was named as East Pakistan.

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Newspapers:
 Delwar Hossain Sayedee, Bangladesh Islamic Party Leader, Freed on parole,
Huffington Post, 28th October 2012, 28th February 2013.
 The Daily Star (Bangladesh), Charge framing hearing against Babar on April 11,
2010.
 “Tarek Rahman: Mith O Bastobota /Sompadokio /Bangladesh Protidin”,
https//:www.Bd-pratidin.com.bd, 23-09-2013, Retrieved 10-12-2013.

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Websites:
 A Brief History of Probation, Viewed From URL:
<www.nyc.gov/html/prob/html/about/history.shtml>, Date: 02.12.14
 Penal Reform International Training Programme. Alternative to Imprisonment
Resource Kit. International Standards, Models and experience in the use of
Alternatives. Viewed from –<www.penalreform.org >, Date: 02/12/14