Probation

The release of an offender from detention, subject to a period of good behaviour under
supervision

The term probation is derived from Latin word ‘probare’ which means ‘to test’ or ‘to prove’. Etimologically, probation
means ‘I prove my worth’. Homer S. Cunnings observed, “ Probation is a matter of discipline and treatment. If
probationers are carefully chosen and supervision work is performed with care and caution, it can work miracles in
the field of rehabilitation.”

During probation, probationer lives in the society and spends his life under conditions imposed by the courts or other
authority and is subject to supervision by the probationer officer.

Probation of Offenders Act 1958

Sec 360 CrPC also provides for probation of offenders which has to be decided by the courts but it does not provide
for any role for probation officers in assisting the Courts in relation to supervision and other matters.

The Supreme Court spelt out the object of the Probation of Offenders Act 1958

in the case of Ramji Missar v. State of Bihar in the following words-

“The purpose of the Act is to stop conversion of youthful offenders into stubborn criminals as a result of their
association with hardened criminals of mature age in case of youthful offenders are sentenced to undergo
imprisonment in jail. Modern criminal jurisprudence recognizes that no one is a born criminal. Although not much can
be done for hardened criminals, yet a considerable emphasis has been laid on bringing about reform of young
offenders not guilty of very serious offences by preventing their association with hardened criminals.”

In the concept of probation, the court orders no sentence but requires the offender to be under the supervision of a
probation officer. The ultimate object of probation is to reclaim back the young and first time offenders who have
fallen prey to bad company and gone astray and to make them social once again. Unlike parole, probation power is
vested in the judiciary so that it does not become subject to extra judicial agencies and create serious problems as
these agencies will be guided by their own value considerations. Sec 360 CrPC also provides for probation of
offenders which has to be decided by the courts but it does not provide for any role for probation officers in assisting
the Courts in relation to supervision and other matters. The Probation of Offenders Act does no distinction on the
basis of age or sex as criminal procedure code and as such all offenders whether they are above the age of 21 or not
can avail the benefit of the Act.

Parole
The temporary or permanent release of a prisoner before the expiry of a sentence, on the
promise of good behavior

Before we talk about the grounds for granting parole, it is essential to understand what parole means. It is
The Delhi Prisons Act, 2000 which defines Parole System under Section 2(p)  As per it, Parole means the system of
releasing prisoners from prison by suspension of their sentences in accordance with the rules. The parole rules as
described in Prisons Act, 2000 are a part of penal and prison system. The main objective of the parole system is to
humanize the prison system.

Parole is the early release of a prisoner who agrees to abide by certain conditions, originating from
the French parole ("voice, spoken words" but also "promise"). The term became associated during the Middle
Ages with the release of prisoners who gave their word.
This differs greatly from amnesty or commutation of sentence in that parolees are still considered to be serving their
sentences, and may be returned to prison if they violate the conditions of their parole.

Release of prisoners on parole is a reformative and rehabilitative measure which seeks to protect society
and assist the prisoner in re-adjusting himself to a normal free-life in the community. Parole is an
individualized method of treatment of offenders who respond favourably to the disciplined life inside the
prison.

Prof. Gillin defines parole as “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.”

Probation
Probation refers to a period of time before a person is actually sent to prison or jail. When defendants receive
probation, instead of pronouncing the sentence and sending them straight to prison or jail, the judge gives them an
opportunity to show that they want to rehabilitate themselves. In this case, either the party is given probation without
a pre-determined sentence, or the judge will find the defendant guilty, and temporarily suspend the sentence while
the defendant is on probation. If defendants do everything the judge instructs them to do, then they will not be sent to
prison to finish their sentence or given a new sentence based on the probation violation and initial crime.

Conditions of Probation
Even though the person is not in jail, they may be subject to many of the same conditions of serving time in jail
including curfew rules, requirements to participate in rehab programs, and monthly or more frequent drug testing by
urinalysis. While on probation, a defendant can be ordered to pay a fine, court costs, restitution, and any court
appointed attorney fees.
The length of time that a person is on probation can range from one year to up to ten years. Many states will cap the
length of time that a person can remain on probation.

Probation is managed by a probation officer. The probation officer monitors a defendant’s progress and file reports
with the judge, advising them of any failure to abide by probation terms or conditions. If the judge is not happy with a
defendant’s performance, the judge can order a capias to be issued and require a defendant to be returned to his
court for final sentencing. After sentencing, a defendant is ordered to serve actual time in prison. If the defendant had
a suspended prison term, he is usually sent straight to prison to serve his time.
Parole
Parole refers to the period of time after a defendant is released from prison. A defendant on parole will face many of
the same controls or safeguards as probation. Conditions of parole may include requiring a defendant to stay in a
halfway house and continuing with payments on fines and other financial obligations.

Instead of a probation officer, a defendant on parole usually reports to a parole officer. The parole officer explains the
rules of parole and expectations of a party on parole to the defendant and monitors his progress. As with a regular
probation, if a defendant fails to comply with his parole conditions, then the parole officer could file a report with the
parole board. The parole board may, based on the defendant's behavior while on parole, order the defendant
returned to prison to finish the balance of his sentence.

Probation and Parole Differences

The functions of the probation and parole process tend to be very similar. Both are concerned with a defendant
breaking the bad habits or behaviors that caused them to break the law. Even though both probation and parole have
a strong rehabilitation component, each process has the additional goal of protecting the community.

Parole has the additional function of trying to reintegrate a defendant into society. Depending on the nature of a
defendant’s offense, a defendant’s conditions of probation or parole can be amended or changed.  For example, if a
defendant is convicted of molesting a child, a defendant may be ordered to stay away from parks and playgrounds
where children frequent. 

The conditions of both parole and probation must somehow relate to a defendant’s rehabilitation or underlying
offense. How conditions are set depend on whether a defendant is on probation or parole. A defendant on probation
is usually still subject to the jurisdiction of the court. This means the judge has the right to amend or modify a
defendant’s conditions of probation. Any changes usually come in the form of an order that modifies a defendant’s
conditions.

Parole changes are not usually the result of a court order. Instead, parole conditions are usually set by the parole
board, and they are for all defendants. For example, all defendants are banned from committing new offenses.
Changes in conditions or procedures related to those conditions do not come from the original judge, but instead
come from the parole officer or parole board. Instead of criminal proceeding, these changes are referred to as
administrative proceedings. This is an important distinction, because a defendant is afforded more state and
constitutional protections in a criminal case than an administrative hearing

Prison
A building in which people are legally held as

 A punishment for a crime they have committed or

 while awaiting trial

Prison Administration
The range of activities connected with organizingand supervising the way that a
prison functions.
Prisons, and their administration is a state subject covered by item 4 under the State List in the Seventh Schedule of
the Constitution of India.
The management and administration of prisons falls exclusively in the domain of the State governments, and is
governed by the Prisons Act, 1894 and the Prison manuals of the respective state governments.
Thus, the states have the primary role, responsibility and authority to change the current prison laws, rules and
regulations.
Role of Central Government
The Central Government provides assistance to the states to improve security in prisons, for the repair and
renovation of old prisons, medical facilities, development of borstal schools, facilities to women offenders, vocational
training, modernization of prison industries, training to prison personnel, and for the creation of high security
enclosures.
The Supreme Court of India, in its judgements on various aspects of prison administration, has laid down 3 broad
principles regarding imprisonment and custody. First, a person in prison does not become a non-person. Second, a
person in prison is entitled to all human rights within the limitations of imprisonment. Third, there is no justification for
aggravating the suffering already inherent in the process of incarceration.
Deterrent Theory
'Deter' means to abstain from doing at act. The main objective of this theory is to deter (prevent) crimes. It serves a
warning to the offender not to repeat the crime in the future and also to other evil-minded persons in the society. This
theory is a workable one even though it has a few defects.

Retributive Theory
Retribute means to give in return. The objective of the theory is to make the offender realise the suffering or the pain.
In the Mohammedan Criminal Law, this type of punishment is called 'QISAS' or 'KISA'. Majority or Jurists,
Criminologists, Penologists and Sociologists do not support this theory as they feel it is brutal and barbaric.

Preventive Theory

The idea behind this theory is to keep the offender away from the society. The offenders are punished with death,
imprisonment of life, transportation of life etc. Some Jurists criticize this theory as it may be done by reforming the
behavior of criminals.

Reformative Theory

The objective is to reform the behavior of the criminals. The idea behind this theory is that no one is born as a
Criminal. The criminal is a product of the social, economic and environmental conditions. It is believed that if the
criminals are educated and trained, they can be made competant to behave well in the society. The Reformative
theory is proved to be successful in cases of young offenders.

Expiatory Theory

Jurists who support this theory believes that if the offender expiates or repents, he must be forgiven.

The Indian Penal Code is a combination or compromise between the underlying principles of all these theories.

Criminal Justice Administration

The criminal justice administration is a legacy of the British system.

It has four subsystems. Those being the;

Legislature – Parliament

Enforcement – Police

Adjudication – Courts

Corrections – Prisons