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KES’ Shri. Jayantilal H. Patel Law College, Mumbai

Role of Probation Officers as per the Probation Offenders Act, 1958

BHARATIYA NAGARIK SURAKSHA SANHITA

A project submitted in partial fulfilment of the requirements for

The Ninth Semester of B.A, LL. B Course

By
KHUSHI SALUNKHE
Fifth Year B.L.S., LL. B
Division B
Roll No – 20

Under the Supervision of

Asst. Prof. Anushree Bhatt
25th September 2024
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INDEX

Sr, No. Chapters Page No.

1. Introduction 4
2. Scope and Background 6
3. Aims and Objectives of Probation 7
4. What is Probation Officer 8
5. Duties of Probation Officer 10
6. Conclusion 15
7. Bibliography 16
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ACKNOWLEDGEMENT

I want to express my sincere gratitude to all those who contributed to the

successful completion of this project. Their support and efforts have been
invaluable, and without their collaboration, this project would not have
been possible.

I sincerely thank KES' Shri Jayantilal H. Patel Law College and Asst. Prof.
Anushree Bhatt for the guidance and expertise required to complete this
project. Their dedication and commitment played a crucial role in shaping
the outcome of this endeavor.

I want to acknowledge the support of my parents and friends for providing

their valuable insights to help me complete my project.

In conclusion, I am thankful to everyone who participated in this project,

big or small. Your contributions are deeply appreciated.

Khushi Salunkhe
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INTRODUCTION

“Hate the crime and not the criminal”. You might have heard this a zillion times. This
means that we need to eliminate crime and for this, the elimination of criminals is not
required. The Criminal Law in India is more into reforming offenders rather than
punishing them. Punishment indeed gives a sense of satisfaction to society as well as to
the victim, but this does not reform the criminals. Especially in the cases of
imprisonment, once the person is out of prison, he is back to his old ways of
infringement of rights. This is common in the cases of youth criminals. Their minds are
not mature and get diverted when engaged with several criminals in jail.

Thus, instead of keeping the accused with hardened criminals in jail, the court may order
personal freedom based on good behavior. The court can also grant a supervision period
for the accused. The main aim behind the Probation of Offenders Act, 1958 is to give an
opportunity to offenders to reform themselves rather than turning into hardened
criminals. Section 562 of the Code of Criminal Procedure,1898 (after amendment it
stands as Section 360 of the Code of Criminal Procedure, 1973) provides that any person
not below twenty-one years of age who may have not been convicted for an offense for
imprisonment up to seven years or not convicted to death or imprisonment of life can be
released based on probation for good conduct.

The Act is based on a reformative approach which has come over the years from the
Doctrine of Deterrence. It has been observed that the offender’s readjustment in society
decreases after the release. They might also face problems while working with
professional delinquents. This creates an undesired impact on the convicted and his/her
life afterwards. The Probation of Offender Act, 1958 saves minor offenders from
becoming regular criminals. This is done by providing them with a chance to reform
themselves rather than getting into prison. The probation officer amicably reaches to the
needs and difficulties of the accused and tries to solve the problem. This is done for the
person convicted of minor crimes.
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The Probation Officer is the key human being in the process of Probation management.
He contacts the Probationer directly. He is responsible for upholding the provisions of
the court’s probation order. He carries out two primary functions which consist of the
Probation offender presentence investigation and supervision of the offender. The
Probation of Offender Act, of 1958 aims at providing the release of the accused if he has
been found not guilty of an offense not punishable with death or life imprisonment after
due admonition. It has been enacted to provide offenders with an opportunity to prove
that they can improve their behavior and live in a society without harming them.

It is also to be kept in mind that reformation doesn’t always work. Sometimes the crimes
are so heinous and abhorrent and the criminals are so unrepentant that punishment of
such crimes is important. For some cases, reformation is not useful and punishment is
best to safeguard the society by locking them for life.

The Probation of Offenders Act of 1958 is based on the concept that young offenders
should be prevented via counseling and rehabilitation rather than being placed in jail like
normal offenders. The probation officer focuses on the offender’s worry or goal,
attempts to resolve it, and strives to make the offender a productive member of the
community. The probation officer is a crucial or essential function within the criminal
justice system. He is at the forefront of prisoner rehabilitation, assisting convicts in
confessing and rehabilitating them as good citizens of society.
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SCOPE AND BACKGROUND

The Act is a landmark in advancing the new liberal reform movement in the penology
field. It is the result of the recognition of the doctrine that criminal law is more about
reforming the individual offender than about punishing. Probation has its influence from
the juvenile justice system of “positivism” which has developed from the ideologies of
the criminal justice system. The origin of probation was traced to the early practices of
English law and experienced development in the 19th century. However, the
development of probation began in the early twentieth century, when various countries
like Europe and North America began to initialize methods to reduce the consequences
of severe punishments. Imprisonment became the most common mode of penal sanction.

From the early 1800s to the present date, probation has tried to reform, remake, and
remold offenders into honest, good, and law-abiding citizens. In India, the main legal
articulation of the reformatory framework for the probation theory is found in the
procedural code. Later the Children Act, of 1908 additionally enabled the court to
discharge certain guilty parties waiting on probation because of their good conduct. The
extent of arrangements of probation law was expanded further by the enactment in 1923
resulting in the Indian Jails Committees Report (1919-1920). In 1931 the Government of
India arranged a Draft Probation of Wrongdoers Bill and flowed it to the then Provincial
governments for their perspectives.

A Bill on Probation of Offenders was introduced in Lok Sabha on November 18, 1957.
A Joint Committee was formed to consider the Bill allowing for the release of prisoners
on probation or after proper admonition and related matters. On 25 February 1958, the
Joint Committee delivered its report to Lok Sabha. In Parliament, the Probation of
Offenders Act was adopted on the advice of the Joint Committee. Probation in India is
used as an institutional method of treatment. The Western does not allow the use of
institutional methods for probation. They administer probation by voluntary
organizations of sociologists and psychologists. They consider that the judges should not
interfere with this.
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The Indian system says that the judiciary should solely vest in the probationary laws.
This is so because the power of probation will be vested in the voluntary and
extrajudicial agencies that lack judicial methods and techniques. This would create a
serious problem as these organizations will have their values and considerations.
Sociologists and psychologists will be concerned only with the reformations of the
offender and not the legal implications of the reformative measure. Probation is
subjected to judicial review under Article 226 of the Indian Constitution which will
eventually allow the judges to bring it under judicial scrutiny.

AIMS AND OBJECTIVES OF PROBATION

The main aim and objective of probation is to permanently reform the lawbreakers. It
involves molding the habits into constructive ways by rehabilitation and reformation.
The objective is to give a chance to the anti-social person to willingly cooperate with
society. This will also give him social protection and security. It is a substitution for
imprisonment. Imprisonment will not always serve the purpose of eliminating crime.
The object of Probation Law is more to reform the offender than to punish him. This is
what we generally call Probation. Simply, it can be understood as the conditional release
of an offender on the promise of good behavior.

This Section aimed to reform the young offender who might have committed the crime
under the influence of bad company or ignorance. The object is to remold and save them
from the hardened criminals who might distract them from the path of crime. This
Section also helps the persons of mature age who may have committed the crime under
the influence. They are expected to be good citizens of the country.
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WHAT IS A PROBATION OFFICER?

A probation officer is a court officer who interacts with persons who have been
sentenced to supervised probation regularly. In general, these persons are perpetrators
and low-level criminals. The vast majority of those sentenced to probation are first-time
offenders. Placing anybody on probation is a means for the court to keep criminals out
of prison. Many people on probation live in our communities, stay at home, work or
participate in an educational program, and raise their children. The goal of the judicial
system is for a person on probation to be a responsible member of society while
maintaining touch with family and community support.

Once on probation, a person may be forced to undergo a drug or domestic violence

examination to evaluate whether treatment is required. Furthermore, persons may be
required to participate in tracking sobriety by taking breathalyzer or urine tests. Another
common prerequisite is for an individual to continue his or her education and/or
employment.

Advantages of Probation –

1. Probation enables a convicted person to correct himself as a responsible citizen

in society.
2. The process of probation is less expensive when compared to institutional
treatment (imprisonment).
3. The Probation Officer will be able to make use of all the Community facilities for
rehabilitation.

Disadvantages of Probation –

1. The probation officers may be influenced (undue influence or political influence)

to furnish a good report so that the person convicted is released.
2. It eliminates fear among children or young delinquents and accelerates crime

rates.
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Section 13 of the Probation of Offenders Act states that the appointment of the Probation
Officer –

1. A person appointed by or recognized as a probation officer by the Government

of the State.
2. A person to whom a company recognized on behalf of the State Government has
made provisions for this reason.
3. Any other person who, according to a court, it is fit to act, under the particular
circumstances of the case, as a probation officer in an exceptional case.

The responsibilities of a Probation Officer are as follows –

The responsibilities of a probation officer include visiting their client on a monthly or

even weekly basis. The probation officer may select the level of supervision that a
person requires based on an evaluation of risk/needs (minimum, medium or maximum).

It aids in determining how much support is required. Evaluations look at how a person
interacts with others, often known as their community relations. The evaluation also
determines the likelihood that another individual will conduct more crimes.

A report form must be completed each time a probation client visits his or her probation
officer. Unemployment, job gains, and divorce all have an impact on people’s lives.
Meeting with a client helps the probation officer to determine where further assistance is
needed for the client to succeed.

Status – Immunities and Privileges of Probation Officers –

Probation Officers are declared to be deemed public servants within the meaning of
Section 21 of the I.P.C. No suit or other legal proceedings shall lie against them for
anything done or intended to be done in good faith in the course of duties by the law
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DUTIES OF PROBATION OFFICER

According to Section 14 of the Offenders Probation Act of 1958, a probation officer is

supposed to undertake the following duties, subject to any terms or limits that may be
imposed:

• Investigate any individual accused of an offense’s circumstances or home

environment with the goal, in line with any Court instruction, to assist the Court
in determining and reporting the most suitably advised approach to his dealing
with it;
• Supervising probationers and other people under his supervision and, if required,
locating suitable jobs;
• Counseling and assisting victims in the payment of fines or fees by the Court;
• Advice and assistance to people released under Section 4 in such situations and
manner as may be required; Perform any other tasks that may be prescribed.
• According to Section 14 of the Act, a probation agent’s primary responsibilities
include investigation, monitoring and direction, counseling, and professional
control of criminal probation. As an inspiring, guiding, and supporting
probationer, this probation officer facilitates the rehabilitation of the criminal as
a law-abiding member of society.

The Probation Officer has been assigned a pivotal role under the scheme of the Act. He
is the linchpin of the machinery for the implementation of the Act. The post of the
Probation Officer has been created to assist the Courts in the matter of probation. The
major functions and duties which he is required to perform are as follows:

1. Analysis and monitoring of the accused

2. Supervision and counseling of accused

3. Link to the Court

4. Pre – Sentence Report of the Probation Officer
5. Decision Making
6. Probationer rehability and aftercare.
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1. Analysis and Monitoring of the Accused - A comprehensive study of the

delinquent’s life history and background history is required to acquire
information about his faults or successes. If the criminal does not respond
favorably to the reform measures, a proper investigation would necessitate more
restrictions on the criminal’s rights. To collect as much information about his
antecedents as feasible, the probationer must be addressed psychologically, with
the consequence that information is gathered that allows the offender’s prospects
of reformation during the probationary procedure to be assessed. Monitoring is
primarily a police duty, therefore advising and supporting the research officer
would be quite beneficial.

2. Supervision and Counselling of Accused - Continuous supervision of the

probationer’s work is neither essential nor possible. Probation supervision may
thus only be carried out through field trips and sporadic interactions. The
Probation Officer will thoroughly comprehend and prescribe actions to overcome
concerns that may impede the offender’s re-adjustment in society. He must
actively assist the probationer in his recovery journey. The probationer is not
constantly pressed or regulated.

According to Sections 14(b) and 18, the probation officer is in charge of

supervising the probationer. The probationers who have been given or granted a
check by the judge, on the other hand, have various characteristics. Both on a
personal and legal level. When a court sentences an offender, it must ensure that
the criminal also has the right to rehabilitation and that he or she is treated like a
regular human being. Supervision is, therefore, one of the strategies that can cure
and rehabilitate the offender under the supervision of the probation officer and
protect society against the offender.
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Simultaneously, the trial officer is responsible for shaping the offender’s

character. As a result, there are two elements to supervision.

• The testing person must follow the court’s instructions. If the probationer
breaches the terms of the probation, the check agent is required to notify
the court. The trial officer must strike a balance between the offender’s
rehabilitation and the safety of society. In this sense, he is doing double
duty. If the probationer’s behaviors do not improve, he will be forced to
serve as a societal guardian.
• Second, the trial officer must accept the probationer as he is, flaws and
all. He must differentiate between situations that require minimal
assistance and attention, those that react to guidance and counsel, and
those that demand considerable attention but do not respond to his
therapy.

During the probationary term, the probation officer must build a connection
with the offender and instill confidence in him in the offender’s mind. He
must also create and instill trust in the offender in his ability to choose his
path. The probation officer must stick by him and give him suitable direction,
ideas, and information, allowing him to cooperate with the probation officer
in carrying out rehabilitation programs.

Probation is an alternative punishment in which criminals selected by

probation officials are permitted to serve a criminal sentence in the
community.

3. Link to the Court - Another important role of the probation officer is to serve as a
liaison between the probation and the Court since the primary responsibility of
the probationer under his supervision is to defend the interest. The court may
order that the probation order be modified or that the probationary bond be
exercised. When he determines that the probationer’s progress in adjusting to
ordinary life in society is satisfactory.
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4. Pre–Sentence Report of the Probation Officer - According to Section 7 of the

Probation of Offenders Act, 1958, the trial officer is expected to produce a pre-
sentence report with particular details of the prisoner asked to be released by the
Court on probation.

Based on this report, the court makes a decision and orders the defendant’s
sentence to be commuted to probation. The trial officer’s pre-sentence report
must contain accurate and true information regarding the offender’s personality,
temperament, family and educational history, employment statistics, general
conditions, and historical precedents.

The two most crucial prerequisites of a pre-sentence statement to give testimony

to the offender’s background and behavior are impartiality and objectivity. One
of the major responsibilities of a probation agent is to provide a disciplinary
report on the offender as directed by the Court. It should include all of the
offender’s facts as well as an evaluative overview of the offender’s case.

One of the primary duties given to a PO under Section 14 (a) of the Act is the
production of a pre-sentence report for direction by a Court on whether or not to
award the benefit of probation. Following Section 14(a) of the Act, the PO shall
present pertinent facts, and information in the report as required by the Court,
after inquiries into the character of a criminal, his social conditions, and financial
and other family circumstances.
A statement of facts should be used to outline the case. PO’s case review assists
the court in determining the best approach to deal with the offender once it has
been found guilty.
If presented to the Court one day before its decision, the report shall be
considered as ‘confidential’ and handed to the Court on the date indicated
therein; it shall be enclosed in a sealed cover.
If the probation officer thinks that the probationer has matured sufficiently and
that additional monitoring is no longer necessary, he will recommend bond
release in conjunction with the district probation officer.
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5. Decision Making - While deciding on a probationer under his supervision, the

probation officer should keep in mind that his judgments are critical not only for
the offender but also for the safety of the community.

6. Probationer rehabilitation and aftercare - To avoid resorting to violence, the

probationary officer must assist with social rehabilitation. The probation officer will
attempt to secure the probationer for this goal by doing the following:
Training facilities, career opportunities, any financial assistance required, and
contacts and groups such as Boy Scouts and Girl Guides, youth programs, and
civic initiatives for normal citizens and co-organizations.
The probation officer will maintain contact with discharged probationers to
monitor progress in rehabilitating discharged probationers during such periods as
may be prescribed by the Chief Probation Superintendent and to submit a follow-
up report to the district probation officer and the Chief Probation Superintendent.
Aftercare schemes and organizations such as Nav Jeevan Mandals, District
Probation, and After Care Association would participate in the Probation Officer
where suitable.
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CONCLUSION

The Probation of Offenders Act of 1958 is extremely useful, especially in the current
environment of prison reform, of a prison sentence that no longer recognizes the jail
term as the only course of treatment to protect society’s safety, is of significant
importance to the judiciary and probation services. Probation and the notion of reform
penalty, as alternative punishment measures, can only be implemented with the
collaboration of the judiciary and the administration.

This will assist a nation like India, where jails are always overcrowded and human rights
violations occur daily, hardening a person’s internality. Probation is a confirmation of
the human being within each of us, and it should be prioritized. The rehabilitation and
recovery process must be organized by contemporary societal structures to achieve the
ultimate goal of returning these criminals to an ordered community. The different
criminal justice system groups must work together to make probation a successful means
of noncustodial treatment in all appropriate instances where the notion of restorative
justice must be enforced.

The benefit of probation can be usefully applied to cases where persons on account of
family discord, destitution, loss of near relatives, or other causes of like nature, attempt
to put an end to their own lives. It aims to reform the offender and to make him see the
right path. It would be of great help to a country like India where the prisons are always
overcrowded, with regular abuses of human rights that will harden a person’s inside.
Probation is the divine affirmation inside every being and it has to be given importance.

To accomplish the ultimate purpose of reclaiming all criminals back into organized
society, the reform and recovery process must be carried out in the sense of the current
social situation. Along with the juvenile justice system, probation has taken the human
interests and socio-economic issues underlying the principles of crime and punishment
to the forefront. It also helped to build positive views towards prisoners and expanded
the role of enforcing criminal justice beyond standard sentencing.
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BIBLIOGRAPHY

• https://blog.ipleaders.in/probation-offender-act-1958/
• https://www.studocu.com/in/document/government-law-college-mumbai/ba-
llb/duties-of-probation-officers-with-reference-to-probation-of-offenders-
act/39250777
• https://strictlylegal.in/probation-officer/
• https://legalonus.com/overview-of-probation-of-offenders-act-of-1958/
• https://indiankanoon.org/doc/1241959/#:~:text=%2D%20A%20probation%20off
icer%20shall%2C%20subject,most%20suitable%20method%20of%20dealing
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