Authored By: Rubijit Saha
Gitarattan International Buisness School
ABSTRACT
A reformative approach to justice means to focusing on changing the people who do wrong than just punishing them. This idea is based on the philosophy “hate the crime but not the criminal.” It believes that of just condemning someone for a crime that we should try to correct their behavior. In India, the Probation of Offenders Act, 1958 is a law that supports this idea. It allows some offenders to reformed and reintegrated into security rather than being sent to jail. This law gives recognition to the concept of reforming the offenders. The main goals of this act are to help offenders change their ways and become part of the society again in better person. It also aims to reduce the number of people in prison. This act is still very important in today’s world and it represents a reformative approach which is dealing with people who commit the crimes. This approach is a part of how we think about the justice and punishment. It provides opportunities for offenders to reform and lead lives.
INTRODUCTION
The Latin word “probo,” which means “to prove” or “to test” is where the word “probation” originates. Black’s Law Dictionary defines the word probation as “allowing a person convicted of a minor offence to remain at large under a suspension of sentence during good behaviour, usually under the supervision of a probation officer.” The Probation of Offender Act by the Parliament on 16 May, 1958. Eventually, Section 562 of CrPC was replaced by the Section 19 of this Act.
Under certain guidelines and under the supervision of probation officers, probation gives convicted criminals the chance to avoid jail time by exhibiting behaviour in society.
In Section 562 of CrPC (section 401 of BNSS) that is Order to release on probation of good conduct or after admonition where it states that; when any person who is under 21 years is convicted of an offences punishable with fine only or with imprisonment for a term of seven years or less, or any women is convicted of an offence not punishable with death or imprisonment for life then court released the offenders on the basis of probation of good conduct.
OBJECTIVE
This act primarily aims to:
Rehabilitation of Offender: The act gives young and first-time offenders a second chance at reform by avoiding jail sentences, which lessens their exposure to seasoned criminal.
Reformation of offender: Providing rehabilitation, guidance and support that rather than imposing a harsh punishment.
Decrease Recidivism: The rehabilitative approach attempt is to prevent the offenders from becoming a habitual criminal.
Reduce the overcrowding in Prisons: This act allows to reduce the burden on prison.
ANALYSIS OF SECTIONS IN PROBATION OF OFFENDERS ACT, 1958
The Probation of Offenders Act, 1958 comprises 19 Section and it extends across India.
Section 3 Power of court to release certain offenders after of admonition
This provision empowers the courts to release the first-time offenders after admonition;
WHEN -: if they are convicted of minor offences such as theft under section 379, 380, 381, 382, 404, 420 of Indian Penal Code (IPC). If any of these five offences committed and any person have committed, or the punishment is not more than 2 years, or with fine, or both under IPC. Then, court can release that offender on the basic of consideration such as;
- No previous conviction is proved against him,
- Circumstances of case including the nature of offences,
- Character of the offences
In the case of Ahmed v. State of Rajasthan AIR 1967, the court held this section cannot be applied when a person who has indulged in an act which is resulted into an explosive situation leading to possibilities of communal tension in the society.
Section 4 Power of court to release certain offenders on probation of good conduct
This provision empowers the court to release the offenders on probation of good conduct;
WHEN -: Any person found guilty of having committed an offence with either life imprisonment or death penalty for the offence committed by him. The punishment release entering into Bond without sureties, to appear before the court when called and receive the sentences given to him by the court. This shall be done within such a period which shall not exceed 3 years.
The court release of such offenders on the basic of some consideration such as;
CONSIDER -: The court shall consider the circumstances of the case, the nature of the offence, character of offender, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or which the offender is likely to live during the period for which he enters into the bond. The court shall also consider the report of the Probation Officer before making an order for Probation. However, such a report is not mandatory. Also, the court can pass an order of Supervision which shall not exceed 1 year. In such case the Probation officer is ordered to supervise the Probationer for such a period and may also include conditions of the supervision in the order.
In the case of State of Maharashtra vs. Natwarlal AIR 1980 SC 593, where the offender smuggled gold and the court stated that this offence affects the public revenue and the economy of the nation thereby affecting public interest at large.
Section 5 Power to court to require released offenders to pay compensation and costs
This provision states that released offender to pay Compensation along with Section 3 and 4;
The court can provide an additional order requiring the offender, who has been duly admonished or released on probation for good behavior, to pay
Such compensation as the court thinks reasonable for loss or injury caused to any person by the commission of the offence;
Costs of the proceedings.
RECOVER -: The amount ordered to be paid may be recovered as a fine in the provision of section 386 and 387 of CrPC 1898 (Section 421, 422 of CrPC, 1973 and section 443, 444 of BNSS, 2023)
In the case of Rajeshwari Prasad vs. Ram Babu Gupta AIR 1961, the court held that calculating the quantum of compensation and the costs to be paid by the offender.
Section 6 Restrictions on imprisonment of offenders under twenty-one years of age
Any person who is below 21 years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), the court by which the person is found guilty shall not sentence him to imprisonment
The court shall consider him, circumstances of the case, nature of offences, characters of offenders and shall call for a report from the probation officer and consider the report.
Section 13 Probation Officers
- A probation officer is appointed by the state government or recognized as such by the state government;
- Society is recognized by the state government;
- Any other person who (in the opinion of the court), is fit to act as a probation officer in the special circumstances of the case.
A court that passes an order under section 4 or the district magistrate of the district in which the offender for the time being resides may, at any time, appoint any probation officer in the place of the person named in the supervision order.
Section 14 Duties of Probation officers
These duties are subject to the restriction and conditions laid down by the court in specific orders;
- Inquire into circumstances, home surrounding of accused of an offence with a view to assist the court in determining the most suitable method of dealing with him and submit reports to the court;
- Supervise probationers placed under him and help them to find employment;
- Advice and assist the offenders in payment of costs and compensation and released under section 4;
- Perform such other duties as may be prescribed.
LANDMARK CASE LAWS
- Dalbir Singh vs. State of Haryana 2008
The Supreme Court held that the benefit of this act can not be extended to a person who has indulged in an act which has resulted into an explosive situation leading to possibilities of communal tension.
- Devki vs. State of Haryana (AIR 1979 SC 1948)
The Supreme Court held that section 4 would not be extended to the abominable culprit who was found guilty of abducting a teenage girl and force her to sexual submission with commercial motive.
- Ram Prakash vs. State of Himachal Pradesh
The Supreme Court held that benefit of section 3 and 4 of Probation of offender Act is subject to the limitation laid down in these provisions. The word “may” (means discretionary in nature) under section 4 does not mean must.
CONCLUSION
The Probation of Offenders Act, 1958, represents a change from punitive to reformative justice. The Act is a testament to the principle of second chances, which continues to direct societies in their quest for a fair and compassionate legal system in the larger context of criminal justice. For a nation like India, where prison overcrowding is one of the main causes of subpar prison facilities, the Probation of Offenders Act is perfect. Everyone desires the chance to become better, and this act provides just that.
REFERENCE(S):
- Probation of Offenders Act, 1958
- The Code of Criminal Procedure, 1878
- The Code of Criminal procedure, 1958
- Criminal Procedure Code, 1973
- Shruti Kulshreshtha, A study on the Probation of Offender Act, 1958, (blog.ipleaders.in), https://blog.ipleaders.in/a-study-on-the-probation-of-offender-act-1958.
- Aishwarya Agrawal, Law of Probation in India: Probation of offenders Act, 1958, lawbhoomi.com, https://lawbhoomi.com/law-of-probation-in-india-probation-of-offenders-act-1958.
- Aishwarya Agarwal, Landmark Judgements on Probation of Offenders Act, lawbhoomi.com, https://lawbhoomi.com/landmark-judgements-on-probation-of-offenders-act
