ALIGARH MUSLIM UNIVERSITY

MURSHIDABAD CENTRE
SESSION: 2021-22

END-TERM assignment

SUBJECT - CRIMINOLOGY AND PENOLOGY

TOPIC =' Probation and its efficacy for the rehabilitation of the
offenders in India'

SUBMITTED TO SUBMITTED BY

MR. ASIF SIR M. DANIYAL SIRAJ

(Asst. Professor) 18BALLB55
GL0749
7th SEMESTER
ACKNOWLEDGEMENT

I express my gratitude and deep regards to my teacher Mr. ASIF SIR for giving me such a
challenging topic and also for his exemplary guidance, monitoring and constant encouragement
throughout the course of this project.

I also take this opportunity to express a deep sense of gratitude to my seniors in the college for
their cordial support, valuable information and guidance, which helped me in completing this
task through various stages.

Lastly, I thank almighty, my family and friends for their constant encouragement without which
this assignment would not have been possible.
1. INTRODUCTION:

The earliest and most common programs are probation and parole. These two programs allow
most offenders to be in their normal everyday setting, unless otherwise stated by the judge or
probation or parole officer. Usually this is the sentence given to offenders who have a non-
violent offense and are less likely to run away. These are the offenders who are seen to be
harmful to society. Probation and parole are two of the easiest ways to help with problems within
the jail such as overcrowding1.

Probation and parole are two of the oldest programs within the corrections system that takes care
of non-violent offenders. Before the development of these programs, the offenders would be
placed into the same facilities as all the other offenders. This wasn’t fair to the offenders, nor was
it helpful to the staff there. The actual goal of probation and parole was not to place these people
into prisons or jails, but to rehabilitate them while in the care of their community2.

2-MEANING OF PROBATION:

The word probation is a form of the Latin word “probate” which means to test or prove.
Probation occurs when an offender happens to be released into the community without serving
any prison sentence, however, kept under the supervision of probation officers. The individuals
who receive probation are called probationers. They are usually court-appointed and must make
sure that their probationer follows the rules 3. Etymologically, probation means ‘I prove my
worth’. Probation is one of the measures which may be used by Courts as an improved form of
non-custodial alternative in place of incarceration. This correctional device is being increasingly
used by the magistracy in modern times. It aims at rehabilitation of offenders by returning them
to society during the period of supervision rather than sending them into an unnatural and
socially unhealthy atmosphere of prisons.

1-https://www.ukessays.com/essays/criminology/a-probation-and-parole-criminology-essay.php,
vstd on- 1:25PM, 7Nov,2020.
2- ibid.
3- Singh shikha, Concept of Probation and Parole: A Critique,
https://timesofindia.indiatimes.com/readersblog/world-of-change/concept-of-probation-and-
parolea-critique, vstd on- 1:58pm, 7Nov,2020
The offender is allowed to remain in the community and develop as a normal human being in his
own natural surroundings. Probation is also defined “as 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 court4.”

3- MERITS AND DEMERITS OF PROBATION: -

Following are the merits or advantages of probation5: -

• It is most useful in the case of juvenile delinquents.

• It gives hope for the rehabilitation of the offender who has not committed the offence.
• Probation is a way of sending good idea in the mind of offenders.
• It is helpful for both hardcore and youthful offenders.
• It helps in reducing the crowding in the jails.

Following are the demerits or disadvantages of probation: -

• The threat of further punishment should also be incurred in the mind of prisoners. Here
there is no threat in the mind of prisoner.
• It decreases the average penalty.

4- MEANING OF PAROLE: -
Parole is the release of a prisoner, either temporarily for a special purpose or completely before
the expiry of a sentence, on the promise of good behaviour; such a promise is known as a word
of honour provided in the parole order. The word parole is derived from the French 'je donne
ma parole 'I give my word.' i.e. the word of honour. This word was used by the prisoners of war
for their release by giving promise to the captor6.

4-Kumar Ritesh, “Probation and parole: A comparative study”,

https://legaldesire.com/probationparole-comparative-study/, vested on- 7:30pm, 7Nov,2020. 5-
ibid.
6-ibid.
Therefore, in simple words, Parole is the pre-mature conditional temporary release of a prisoner
on the terms of abiding by the conditions along with the observance of certain restrictions to
avail the privilege of returning back to the society and socialize with family and friends keeping
in mind correctional theory and preparing to return back to his social life. It is mere suspension
of the sentence for time-being keeping the quantum of sentence intact. If the paroled prisoners
violate the conditions on which they are released, they may be returned back to the prison7.

The idea of parole was introduced in 1840 by Alexander Maconochie, a Scottish geographer and
captain in the royal navy. He was appointed as Superintendent of British penal colonies. Instead
of necessitating the prisoners to serve their sentence hopelessly until full sentence had been
served, he aimed to punish the prisoners for the deed committed and to train them for the future.
He developed a plan and divided it into 3 grade system. The first and second grade group was
mainly for the promotions earned through good behaviour, study and labour. The third grade
consisted of obtaining conditional liberty outside the prison while obeying rules. On violation of
such rules, the prisoner would return back to prison and would start all over again the rank of
three-grade process. The ticket to the 'leave system' was reformed and this led to what many
consider as world's first parole system. The prisoners who were served indeterminate sentences
i.e. open-ended sentences could now be released if they show evidences of reforming and
rehabilitation. Through participation in the grade system which was based on the unit of marks,
ensured they earned marks for their good behavior and lost marks on their bad behavior and
could spend them on passage to higher classification statuses ultimately conveying freedom.

5- OBJECTIVES OF PAROLE: -
Parole leaves are progressive measures of correctional services. The main objectives to release
the prisoners on leave as per rule 1(A) and 19 of The Prisons (Bombay Furlough and Parole)
Rules, 1959, are as follows8:

a- To enable the prisoner to maintain continuity with his family life and deal with family matters.
7-Singh & Associates, “India: what is parole?”, https://www.mondaq.com/india/trials-
appealscompensation/905726/what-is-parole, vstd on- 9:30am, 8Nov, 2020.
8-ibid.

b-To save the prisoner from evil effects of continuous prison life. c-To

enable the prisoner to maintain and develop his self-confidence.

d-To enable the prisoner to develop constructive hope and active interest in life.

6- MERITS AND DEMERITS OF PAROLE9: -

Following are the merits or advantages of parole: -

• It creates hopes among other prisoners.

• Once you have been released on parole, there is the opinion of the society is liberal.
• Securing family life of the parolee.
• It eradicates over burden of the jails.
• It is also economical to the State. The cost of expenditure of parolee also decreases.
• It creates threats on the mind of the parolee to maintain good conduct in the society.

Following are the demerits or disadvantages of parole: -

• If any negligence in the selection of the parolee, it results in serious consequences.

• Parole Board is bound to act on the aid and advice of the jail authority.
• It is not necessary that the prisoners who are maintaining their good conduct in the
prisons will maintain their good conduct in the society.
• Political interference.
• Ill-treatment and doubtful behaviour by the society makes him impediment in his
character development.
9- Supra Note-4.

7- SOCIETY ON PROBATION AND PAROLE: -

Those within the community have mixed reactions about these programs. Most feel as if it is a
good thing to try and rehabilitate these offenders. However, they are unsure how they feel about
this individual having contact within the community. They feel as if these individuals have
already offended, that there is not much to keep them from offending again10.

As far as offenders are concerned, those who serve jail time are able sort of network within the
prison walls. They develop these relationships with other prisoners that lead them back where
they began. These relationships allow them to establish other relationships out in the community
with other criminals or deviant individuals. This is not the case all the time, but for a majority of
the time, this is the case. Some members of society realize this and begin to worry what could
come of these relationships and networks that have been made.

When an offender is released back into society, they have to learn how to control what happens
as a result of being labelled. As an offender enters the prison system, they become labelled as an
offender. This label then makes it hard for them to find employment, as well as make changes
that lead and keep them on the right path.

There are individuals who are willing to help these offenders, but most fear their past. This is
when the help of the parole or probation officer comes into play. It’s their job to help these
individuals get jobs or get into rehab or even continue with their education. More than likely, if
an offender reoffends, it’s because they are unable to establish a place in society that keeps them
busy. Idle hands are the devil’s workshop which means anyone who has free time to waste is
more likely to offend than someone who is constantly doing something11.
10- Supra Note-1.
11-ibid.
8- PROBATION AND PAROLE OFFICERS: -

Basically, probation and parole officers serve the same duties. They are supposed to supervise
and manage the offenders. This allows them to be case workers as well as law enforcers because
they have to make sure the offenders don’t break any laws. Some will argue that supervision is
the most important aspect of the job12.

Probation and parole officer have several duties they must attend to. They conduct home visits,
perform curfew checks and verify with the employer of the offender is actually employed. They
also help the offender get into treatment facilities if they need it. That’s just a few of the duties
that these officers accomplish.

In order to became a probation or parole officer you must go through specialized training at a
Peace Officer Standards and Training facility. Once this training is completed, they become
POST certified peace officers. These officers must take part in quarterly training classes in a
variety of areas concerning their job13.

9- INDIAN LAWS REGARDING PROBATION AND PAROLE: -

Section 562 of the Code of Criminal Procedure,1898, was the earliest provision to deal with
probation. After the amendment in 1974, it stands as S.360 (Order to release on probation of
good conduct or after admonition) and S.361 makes it mandatory for the judge to declare the
reasons for not awarding the benefit of probation.
In 1958 the Legislature enacted the Probation of Offenders Act, to supervise the accused during
the period of his probation.
In India, the grant of parole is largely governed by the rules made under the Prison act,1894 and
Prisoner act,1900. Each of states has its own parole rules with minor variations 14.
12-ibid
13-ibid.
14-supra note-3.

10- COMPARISON/DISTINCTION BETWEEN PROBATION AND

PAROLE

Probation and parole can be differentiated on the following grounds15: -

• Historical Evolution: - The system of probation owes its origin to John Augustus of
Boston (U.S.A.) around 1841 whereas the system of parole came into existence much
later somewhere around 1900.
• Punitive Reaction: - In probation, there is no punitive reaction to the crime. It is purely a
treatment of offender. But in parole, the punitive reaction to the crime is present. Few
parts of sentence are served i.e. punitive.
• Nature: - Probation is judicial in nature whereas parole is quasi-judicial in nature and
civilized or respected members of society constitute Parole Board.
• Sentence: - In probation, no such formal penalty is imposed, if imposed is not executed.
But parole is granted after serving a part of sentence in prison.
• Substitute for Punishment: - Probation is granted as a substitute of the punishment. But
parole is granted after completing a part of sentence.
• Punishment and Treatment: - Probation is only a treatment in which the sentence is
suspended. But parole implies both punishment and treatment.
• Stage: - Probation is probably the first stage of correctional scheme whereas parole is the
last stage of correctional scheme.
• Stigma or Disqualification: - No stigma in case of probation because use no sentence
whereas a prisoner released on parole suffers stigmatization as a convicted criminal in the
society.
15-Supra note-4.

11- CASES RELATED TO PROBATION AND PAROLE: -

In the case of Ahmed v. State of Rajasthan16, it was held that the benefit of this act cannot be
extended to a person who was indulged in an act which was resulted into an explosive situation.
In the case of Avtar Singh v. State of Haryana17, the Supreme Court held that the act of
granting parole is an administrative action, it is a form of temporary release from prison custody,
which does not suspend the sentence of the period of imprisonment.
In the case of Ramji Missar v. State of Bihar18, it was held that the Probation of offenders Act
provides for the release of offenders on probation or after due admonition and for matters
connected therewith.
The Supreme Court in Smt. Poonam Lata v. Wadhawan & Others19, has clarified that parole is a
grant of partial liberty or lessening of restrictions to a convict prisoner, but release on parole does

not, in any way, change the status of the prisoner.

12- CONCLUSION: -

The jobs of being a probation or parole officer is not easy. On a day to day basis they have to
deal with keeping track and supervising individual, as well as possibly receiving more
individuals. Their job is already hard enough with making sure their probationers and parolees
are following the rules, but when you have multiple things tend to get tricky. These officers are
underappreciated. They are also often taken advantage of. These people come into these positions
to help people.
That’s why they choose this career, to try and make a difference in one’s life. These two
programs are very useful within our correction system. They provide for means of rehabilitation
just as their founders wished they would. They also save tax payers a great deal of money. Prison
overcrowding cause the tax payers of America to have to fork over more money to support the
funding of prison and jail facilities. With probation and parole programs having been founded,
we are able to save

16- Supra note-3. 17-ibid

18-AIR 1963 SC 1088.
19-AIR 1987 SC 1383.
money and alleviate the crowding in these correctional facilities. Although they are not all fail
proof, they do help. Probation in which the offender is given a conditional release under
supervision before a custodial sentence but parole is a conditional release of offenders under
supervision after a custodial sentence. Generally speaking, that the purpose of probation is to
keep delinquent away from evil consequences and offer him an opportunity leads socially useful
life without violating the law and as of all methods of treatment is the ultimate rehabilitation of
the offender in the community.

It is difficult to define parole in terms of a single precise concept. It is an integral part of the total
correctional process. In a sense parole is a method of selectivity releasing offenders from
institutions, under supervision in the community, whereby the community is afforded continuing
protection while the offender is making his adjustment and beginning his contribution to society.
Parole is granted to a prisoner under certain special circumstances. It is subjected to certain
limitations and conditions imposed by the releasing authority.

13-BIBLIOGRAPHY:

1- https://www.ukessays.com/essays/criminology/a-probation-and-parole-
criminologyessay.php
2- Singh Shikha, Concept of Probation and Parole: A Critique,
https://timesofindia.indiatimes.com/readersblog/world-of-change/conceptof
-probation-and-parole-a-critique

3- Kumar Ritesh, Probation and Parole: A Comparative Study,

https://legaldesire.com/probation-parole-comparative-study/

4- Singh& Associates, India: What is parole,

https://www.mondaq.com/india/trialsappeals-compensation/905726/what-is-parole