Probation involves the suspension of an offender's sentence in return for a promise of good behavior in the community under supervision. It aims to reform offenders, reduce recidivism and overcrowding in prisons. An offender is released into the community conditionally for a period of 1-3 years under a probation officer's supervision. The conditions can be statutory, like not committing new crimes, or discretionary, tailored to the offender's circumstances. Probation seeks to rehabilitate the offender as a law-abiding citizen through counseling and reintegration into society.

1. Probation

2. Probation is primarily a non-punitive method of handling
offenders.
Professor Sutherland
According to Sutherland,
Probation is the suspension of a sentence during a period
of liberty in the community, conditional upon the good
behavior of the convicted offender.

3. According to Donald Taft,
Probation is 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.

4. According to Professor Larry Siegel,
Probation usually involves the suspension of the offender’s
sentence in return for the promise of good behavior in the
community under the supervision of a probation officer.

5. James Yancy
Probation is like a prison sentence outside of jail.
You walk around with a rope tied around your leg
to the prison door. Anything can lead to
revocation.

6. The term 'probation' is derived from the Latin word
'probare' which means ‘to test' or 'to prove’.
Etimologically, probation means 'I prove my worth'.

7. Probation first developed in the United States when
John Augustus, a Boston cobbler, persuaded a judge in
the Boston Police Court in 1841 to give him custody of
a convicted offender, a "drunkard", for a brief period
and to help the man to appear rehabilitated by the time
of sentencing.

8. The first statutory provision for probation was the
Massachusetts Law of 1878. The law authorized the
Mayor of Boston to appoint and pay a probation
officer by empowering the municipal court to place
offenders on probation.

9.  Reforming the character of criminals through
counselling
 To rehabilitate the offender into the mainstream of
society after correction.
 To gradually reduce the number of crimes in the society.
 Reducing the burden of cases on the appellate courts.
 Reducing the number of inmates in prisons.
 Reducing public expenditure by releasing criminals on
probation.

10.  Criminals convicted of minor crimes should not become
professional criminals by coming in contact with serious
criminals.
 To make the offender self-reliant by rehabilitating him
as an honest, hard-working and law-abiding citizen.
 To prevent the repetition of the same offense or to
prevent the commission of other offences.

11.  A postponement of sentence
 A period of re-socialization for the criminal in the
community
 The criminals’ observance of the conditions
imposed by the court
 The supervision of the criminal by the probation
officer

12.  The Probation of Offenders Ordinance, 1960 (POO)
 The Probation of Offenders Rules, 1971
 Circulars No.J 01/2019 of the Supreme Court of Bangladesh

13. Section 3 of the Probation of offenders Ordinance, 1960
 The High Court Division
 A Court of Sessions
 A Magistrate of the First Class
 Any Magistrate specially empowered to make
Probation Order
 A District Magistrate

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

15. 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 death or imprisonment for life
For female
All offence except-Offence punishable with death
[Section 5 of POO]

16.  Nature of the offence
 Character of the offender
 Expediency to make PO
[Section 5 of POO]

17.  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.
 Secure supervision of the probation officer upon the offender
 PO for 1-3 years
 When an offender is sentenced for the offence in respect of which
a probation order was made, that probation order shall cease to
have effect.
 To order to pay compensation arising out of the offence (S.6 POO)

18. The purpose of probation under section 5(2) of the Ordinance
is to prevent a repetition of the same offence or a commission
of other offences by the offender and for rehabilitating him as
an honest, industrious and law abiding citizen.

19.  Sentence for original offence
 Fine not exceeding 1000/-
[Section 7 of POO]

20.  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

21.  Encourage to do welfare activities for society
 To find suitable employment for Probationer
 Bring any violations to the notice of the court

22.  Statutory Conditions
 Discretionary Conditions

23.  Not to engage in any new crime
 Maintain good behavior
 Abstain from taking drugs
 Comply with court orders
[Section 5]

24.  The Petitioner shall take care of his family members who are
dependent on him and maintain the family bonding.
 The Petitioner shall take care of his aged mother who lives with him
 Ensure the progress of institutional education of his school going
daughter and son
 The Petitioner must not marry-off his daughter before she attains the
legal age
 The Petitioner shall not consume narcotic drugs
 Dope test of the petitioner shall be carried out every six months during
the probation period