Law

1. Concept of Probation
and Parole: A Critique
By Vinaya Joseph, Third Semester
Govt Law College, Ernakulam

3. INTRODUCTION
These are two of the earliest programs within the corrections system that
takes care of non-violent offenders. Before the development of these
programs, the offenders would be placed into the same facilities as all the
other offenders.

6. PROBATION
The word probation is a form of the Latin word probare which means to test
or prove. Probation occurs when an offender happens to be released into the
community without serving any prison sentence, however, kept under the
supervision of probation officers. The individuals who receive probation
are called probationers. They are usually court-appointed and must make
sure that their probationer follows the rules.

7. PROBATION
Probation is a way of sending good idea in the mind of offenders. It is
probably the first stage of the correctional scheme. The object of probation
is to keep delinquent away from evil consequences and offer him an
opportunity leads socially useful life without violating the law and as of all
methods of treatment is the ultimate rehabilitation of the offender in the
community. On the other hand Parole has emerged as one of the most
acceptable form of correctional device in modern penology. It has been
universally recognized as one of the most appropriate methods of
treatment of offenders for their reformation and rehabilitation in the normal
society after the final release. It can be said that parole is the last stage of
correctional scheme.

9. MEANING
The term ‘probation’ is derived from the Latin word ‘probare’ which means ‘to test’ or ‘to prove’.
Etymologically, probation means ‘I prove my worth’. Probation is one of the measures which may
be used by Courts as an improved form of non-custodial alternative in place of incarceration. This
correctional device is being increasingly used by the magistracy in modern times. It aims at
rehabilitation of offenders by returning them to society during the period of supervision rather than
sending them into an unnatural and socially unhealthy atmosphere of prisons. The offender is
allowed to remain in the community and develop as a normal human being in his own natural
surroundings.
[1]Probation is also defined “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 officer of the
court.”
[2]In India, probation is used as an institutional method of treatment which is a necessary
appendage of the concept of crime and probation received statutory recognition for the first time in
1898 through Section 562 of the Code of Criminal Procedure, 1898 (now Section 360 of Code of
Criminal Procedure, 1973).

11. RAMJI MISSAR V STATE OF BIHAR, 1962
Probation is governed by the provisions of Probation of Offenders Act,
1958. In the case of Ramji Missar v. State of Bihar, AIR 1963 SC 1088 it was
held that the Probation of offenders Act provides for the release of
offenders on probation or after due admonition and for matters connected
therewith. The purpose behind the enactment of this Act is to top
conversion of youthful offenders into stubborn criminals as a result of their
association with hardened criminal of mature age in case of youthful
offenders are sentenced to undergo imprisonment in jail.

12. CHHANNI V STATE OF UP, 2006
It is clear from the case of Chhanni v. State of UP, in which the Supreme
Court held that the enforcement Probation of Offenders Act, 1958 in
particular area excludes the applicability of provisions of Section 360 of the
Code of Criminal Procedure, 1973 and the scope of Section 4 of the
Probation of Offenders Act is much wider than Section 360 of the Code of
Criminal Procedure which relates only to persons not under the age of 21
years, convicted for offences punishable with fine only or with
imprisonment up to 7 years, and any woman convicted of an offence not
punishable with death or imprisonment for life .

14. MERITS & DEMERITS
Following are the merits or advantages of probation:-
● It is most useful in the case of juvenile delinquents.
● It gives hope for the rehabilitation of the offender who has not
committed the offence.
● Probation is a way of sending good idea in the mind of offenders.
● It is helpful for both hardcore and youthful offenders.
● It helps in reducing the crowding in the jails.
Following are the demerits or disadvantages of probation:-
● The threat of further punishment should also be incurred in the mind
of prisoners. Here there is no threat in the mind of prisoner.
● It decreases the average penalty.

17. PAROLE
Parole refers to when an individual serving a term of imprisonment get
released into the community, but remains under the supervision of
parole officer.
The parole period is based on a decision made by the board of parole. If
the offender violates their parole while out, they are then placed back
into the prison system.

18. MEANING
Parole is a release from prison after part of the sentence has been served,
the prisoner still conditions until discharged and liable to return to the
institution for violation of any of these conditions. It helps in reducing over-
crowding in prisons. According to Donald Taft, “Parole is a release from
prison after part of the sentence has been served, the prisoner still
remaining in custody and under stated conditions until discharged and
liable to return to the institution for violation of any of these conditions.
According to J.L. Gillin, “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 in the free
society without supervision.

19. OBJECTIVES
The main objectives of parole technique as stated in the Model Prison Manual are:-
● To enable the inmate to maintain continuity with his family life and deal with
family matters;
● To save the inmate from the evil effects of continuous prison life;
● To enable the inmate to retain self-confidence and active interest in life.
In India, the grant of Parole is largely governed by the rules made under the Prison
Act, 1894 and Prisoner Act, 1900. In parole there is a Parole Board consists of
parole administrators who are from among the respectable members of society.
These members are assigned the function of discharging convicted prisoners on
parole after careful scrutiny. They are performing a quasi-judicial function.

20. POONAM LATA V WADHAWAN, 1987
The Supreme Court in Smt. Poonam Lata v. Wadhawan & Others, has
clarified that parole is a grant of partial liberty or lessening of restrictions to
a convict prisoner, but release on parole does not, in any way, change the
status of the prisoner.

21. AVTAR SINGH V STATE OF HARYANA,
2012
In the case of Avtar Singh v. State of Haryana, the Supreme Court held
that generally speaking, the act of granting parole is an administrative
action and parole is a form of temporary release from prison custody,
which does not suspend the sentence of the period of detention, but
provides conditional release from the prison and changes the mode of
undergoing the sentence.

22. MERITS & DEMERITS
Following are the merits or advantages of parole:-
● It creates hopes among other prisoners.
● Once you have been released on parole, there is the opinion of the society is liberal.
● Securing family life of the parolee.
● It eradicate over burden of the jails.
● It is also economical to the State. The cost of expenditure of parolee also decreases.
● It creates threats on the mind of the parolee to maintain good conduct in the society.
Following are the demerits or disadvantages of parole:-
● If any negligence in the selection of the parolee, it results in serious consequences.
● Parole Board is bound to act on the aid and advice of the jail authority.
● It is not necessary that the prisoners who are maintaining their good conduct in the prisons
will maintain their good conduct in the society.
● Political interference.
● Ill-treatment and doubtful behaviour by the society makes him impediment in his character
development.

24. Distinction between Probation and parole
Probation and parole can be differentiated on the following grounds:-
● Historical Evolution:- The system of probation owes its origin to John Augustus of Boston (U.S.A.) around
1841 whereas the system of parole came into existence much later somewhere around 1900.
● Punitive Reaction:- In probation, there is no punitive reaction to the crime. It is purely a treatment of offender.
But in parole, the punitive reaction to the crime is present. Few part of sentence is served i.e. punitive.
● Nature:- Probation is judicial in nature whereas parole is quasi-judicial in nature and civilized or respected
members of society constitute Parole Board.
● Sentence:- In probation, no such formal penalty is imposed, if imposed is not executed. But parole is granted
after serving a part of sentence in prison.
● Substitute for Punishment:- Probation is granted as a substitute of the punishment. But parole is granted after
completing a part of sentence.
● Punishment and Treatment:- Probation is only a treatment in which the sentence is suspended. But parole
implies both punishment and treatment.
● Stage:- Probation is probably the first stage of correctional scheme whereas parole is the last stage of
correctional scheme.
● Stigma or Disqualification:- No stigma in case of probation because use no sentence whereas a prisoner
released on parole suffers stigmatization as a convicted criminal in the society.

25. KEY DIFFERENCE
1. Probation refers to the sentence given to the criminals, in which they remain out of prison, under the supervision
of an officer and follows the rules set forth by the court. Parole connotes the before time release of the inmate,
on the condition that the inmate will be under the supervision of the authority and detention will be resumed
upon the non-compliance of conditions specified.
2. Probation is granted by the judge instead of the imprisonment, whereas parole is nothing but a form of
conditional release from the prison.
3. The decision of probation of an accused or suspect is taken by the court. Unlike, the parole board takes the
decision regarding parole of a prisoner.
4. The probation is granted to the accused before incarceration, i.e. in spite of directly sending the accused to the
jail, they are given a chance to rehabilitate themselves, through this process. On the other extreme, parole is
allowed after the offender has completed a specified portion of their sentence term in prison.
5. Probation is awarded to those person’s who have no prior criminal record so far and also for the crimes that do
not involve violence. As against, parole is allowed to those criminals which are already in jail, and also available
to serious offenders, who pursue good conduct, during the term of their sentence.
6. A person who is granted probation, reports to the probation officer, however, failure in reporting to the
appropriate authority may lead to resentencing to jail, for a particular period. Conversely, the offender under
parole has to report to the parole officer, but in case if the accused defaults in reporting without reasonable
cause, the offender is sent back to the jail on the grounds of the original sentence.

26. PROBATION PAROLE
Meaning Probation is the suspension
of sentence of an offender
and allowing them to stay in
the community while
inculcating good behavior,
under the supervision of an
officer.
Parole implies the early
release of the convict before
the expiry of the sentence
term, to serve the rest of the
protion in the community,
while ensuring good
behavior and subject to
specific conditions.
Nature Determinative Administrative
What is it? Alternative to jail Conditional release from
prison
Imposed by Court Parole Board
Grant Prior to the incarceration After the offender has
completed a certain portion

27. Officers Role
Probation and parole officers have several duties like to supervise and
manage the offenders and make sure the offenders don’t break any laws.
They conduct home visits, perform curfew checks and also help the
offender get into treatment facilities if they need it. That’s just a few of
the duties that these officers have to perform.

28. Society on Probation and Parole
Those within the community have mixed reactions about these
probations and parole we feel it is a good thing to try and rehabilitate the
offenders. So that the individuals having a contact within the
community. The offender has a natural right to get jobs, rehab or even
continue with his education. Therefore he/she can keep himself/herself
busy.

30. Indian Laws regarding Probation and Parole
Section 562 of the Code of Criminal Procedure,1898, was the earliest provision to deal
with probation. After the amendment in 1974, it stands as S360 (Order to release on
probation of good conduct or after admonition) and S361 makes it mandatory for the
judge to declare the reasons for not awarding the benefit of probation.
In 1958 the Legislature enacted the Probation of Offenders Act, to supervise the
accused during the period of his probation.
In India, the grant of parole is largely governed by the rules made under the Prison
act,1894 and Prisoner act,1900. Each of states has its own parole rules with minor
variations.

31. CONCLUSION
Probation in which the offender is given a conditional release under supervision before a
custodial sentence but parole is a conditional release of offenders under supervision after a
custodial sentence. Generally speaking that the purpose of probation is to keep delinquent
away from evil consequences and offer him an opportunity leads socially useful life without
violating the law and as of all methods of treatment is the ultimate rehabilitation of the
offender in the community.
It is difficult to define parole in terms of a single precise concept. It is an integral part of the
total correctional process. In a sense parole is a method of selectivity releasing offenders
from institutions, under supervision in the community, whereby the community is afforded
continuing protection while the offender is making his adjustment and beginning his
contribution to society. Parole is granted to a prisoner under certain special circumstances.
It is subjected to certain limitations and conditions imposed by the releasing authority.

32. Conclusion
These two programs are very useful within our correction system. They
provide for means of rehabilitation. With probation and parole programs
having been founded, we can save money and reduce the crowding in
these correctional facilities.