Presentation on the Application of Probation in the Courts of Bangladesh under the Probation of Offenders Ordinance,1960

1. Probation in the Courts of Bangladesh
By-
Md. Azizul Haque
Joint District & Sessions Judge
District & Sessions Judge Court
Thakurgaon, Bangladesh

2. Definition of probation
Probation is a period of
supervision over an
offender, ordered by
court instead of serving
time in prison.

3. Statistics of Probation order(PO) in
Bangladesh
Year No. of probation orders
made by the court
No. of probation
officers
2008-2009 379 44
2009-2010 216 44
2010-2011 43 44
2016 1763 64
Sources: Study of UKAid, PRI, BLAST & Justice Audit, 2016

4. LAWS relating to Probation in
Bangladesh
❖ The Probation of Offenders Ordinance, 1960(POO);
❖ The Probation of Offenders Rules, 1971;
❖ Circulars No.J-01/2019 of the Supreme Court of
Bangladesh;

5. Courts empowered to make PO
➢The High Court Division;
➢A Court of Sessions;
➢A Magistrate of the First Class;
➢Any Magistrate specially empowered
to make PO;
➢A District Magistrate.
(Section 3 of POO)

6. PO may be made by -
❑Trial Court;
❑Appeal Court;
❑Revision Court.
[Section 3(2) of POO]

7. Treatment of offenders by Court
✓Conviction without PO and conditional
discharge;
✓Conditional discharge(CD) [Sec. 4 of
POO];
✓Probation Order[Sec. 5 of POO].

8. Consideration for CD
✓ The age of the offender;
✓ Character of the offender;
✓ Antecedents of the offender;
✓ (ancestor’s or family and social
background)
✓ Physical and mental condition of the
offender;
✓ Nature of the offence;
✓ Extenuating circumstances of the
commission of offence

9. When and How CD
When-
• He is not previously convicted;
• He is likely to be Convicted for offence punishable with not more than 2
years;
• But Conviction is inexpedient;
(not practical, suitable, advisable)
• PO is not appropriate;
• How-
• By recording reasons;
• For not more than 1 (one) year;
• With admonition or With condition of-
-not committing crime again;
-Being of good behavior;
• To explain that if he violate condition CD may be ceased.

10. PO for the offences
• For male
All offence except-
-offences under ch. VI & VII of Penal Code.
-Offences under section 216A, 328, 382, 386,
388, 389, 392, 393, 397-399 401, 402, 455,
458, of Penal Code;
-Offence punishable with imprisonment for
life and with death.
• For female
-All offence except- Offence punishable with
death

11. Considerations for PO
❖Nature of the offence;
❖Character of the offender;
❖Expediency to make PO;

12. How PO to be made
• Recording Reasons;
• Making bond for
-not committing crime again;
-Being of good behavior;
-if he violate condition of bond he will appear &
receive sentence.
• The offender/surety must have fixed residence and
occupation within court’s jurisdiction.
• To secure supervision of the probation officer upon
the offender;
• PO for 1-3 years;
• To order to pay compensation arising out of the
offence; (S.6 POO)

13. Results of violation of
conditions of the PO
❑Sentence for original offence;
❑Fine not exceeding 1000/-;

14. Duties of probation officer
• Visit the offender at reasonable
intervals;
• To see whether the offender observe
the condition of PO;
• To make Report as to the behaviour of
the offender;
• To advise, assist and befriend the
offenders;
• To perform other duty as may be
directed …

15. Duties of probation officer
• Encourage to do welfare activities
for society;
• To find suitable employment for
Probationer;
• Bring any violations to the notice
of the court;
• To maintain register and diary;

16. THANK
You all