Criminlogy 1

Comparative Study Of Probation In India Pakistan and Bangladesh
Comparative Study Of Probation In India

Pakistan and Bangladesh
SUBMITTED TO:
Mr. Manoj Kumar
(Faculty of Criminolgy & Penology)
SUBMITTED BY:
Rahul Mandavi
Roll No. - 125

Semester – 9th
Section – A
DATE OF SUBMISSION:
October 5, 2017
HIDAYATULLAH NATIONAL LAW UNIVERSITY,
RAIPUR (C.G.)
Page 1
Acknowledgements
I would like to take this opportunity to express my deep sense of gratitude towards my course
teacher, Mr Manoj Kumar for his kind gesture in allotting me such a wonderful and elucidating
research topic and for giving me constant guidance and encouragement throughout the course of
the project.
I would also like to thank the University for providing me the internet and library facilities which
were indispensable for getting relevant content on the subject and were instrumental in writing
pertinent text.
Special thanks goes out to my seniors who have been relentless in their help and supporting
providing any material whenever required and my colleagues, who always stood by me,
irrespective of the decisions taken by me. Without their support this project would not have seen
the light of the day.
_____________________________________________________________
RAHUL MANDAVI
NINTH SEMESTER
B.A. LL.B. (Hons.)
HIDAYATULLAH NATIONAL LAW UNIVERSITY
RAIPUR, CHATTISGARH
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Research Methodology
The researcher has followed the non doctrinal method for research design. The research is based
on both primary and secondary sources. Books from the university’s library have been used.
Computer from the computer laboratory of the university has been used for the purpose of
secondary research and is the main source of project.
RAHUL MANDAVI
ROLL NO.-125
SEMESTER- 9TH
SECTION - A
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Object-
1) To understand the concept of probation under criminal justice system

2) Importance of probation and parole for accused person and society
3) Effectiveness of probation as better alternative for imprisonment and social rehabilitation
of Prisoners
4) Importance of probation in south Asia (India Pakistan and Bangladesh)
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Review of literature
Girjesh Shukla Crimonology , Lexis Nexis, 1st Edition, 2014

It talks about concept of probation in Indian laws and judgement various rights recognized by the
Indian judiciary which was taken so as to provide more and more benefits to prisoners which
they deserved.
Also it refers to various land mark Judgements taken by Court for the reformative development
of prisoners.
P.M Bakshi, Public Interest Litigation, Delhi, Ashoka Law House ,Third Edition,2012
It talks about the origin and development of prisoners right with the passage of time and also
talks explains various inherent rights of prisoner which can not be taken away in any case.
The Indian Police Journal, Vol.LX. NO. 2, April- June 2013, Page No.112-134
This journal focused on growth and development of judicial activism in India and it also explains
in detail the human rights of prisoner. It declared human rights as a cardinal principle to be
protected at all costs.
Page 5
Statutes
 Constitution of india 1950
 Code of civil procedure 1908
 Probation of Offenders Act, 1958
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Table of Contents
DATE OF SUBMISSION: ........................................................................................................... 1
Acknowledgements ......................................................................................................................... 2
Research Methodology ................................................................................................................... 3
Object-............................................................................................................................................. 4
Review of literature......................................................................................................................... 5
Statutes ............................................................................................................................................ 6
Introduction ..................................................................................................................................... 8
Functioning of probation and parole in criminal justice ...............Error! Bookmark not defined.
Meaning of probation ...................................................................................................................... 8
Origin of probation in the modern period ....................................................................................... 9
Object of probation ....................................................................................................................... 10
Law of probation in India ............................................................................................................. 11
Object of section 360 of The Code of Criminal Procedure, 1973 ............................................. 13
Release on probation of good conduct ...................................................................................... 14
First Offenders ....................................................................................................................... 15
Release after admonition ........................................................................................................... 16
Breach of recognisances ............................................................................................................ 17
Parole ............................................................................................................................................ 20
Objectives of Parole .......................................................................Error! Bookmark not defined.
Parole in India, Selection and Supervision of Offenders Paroled ..Error! Bookmark not defined.
Parole Regulations .........................................................................Error! Bookmark not defined.
Judicial Position on Parole .............................................................Error! Bookmark not defined.
Refusal of Parole ............................................................................Error! Bookmark not defined.
Probation and Parole Differences ..................................................Error! Bookmark not defined.
Suggestion ..................................................................................................................................... 21
Conclusion .................................................................................................................................... 22
Bibliography ................................................................................................................................. 23
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Introduction
The criminal justice system is slowly advancing from being retributive to reformative. It has
been realised that incarcerating first time offenders often does no good as they may come into
contact with hardened criminals, and go their way. This is where the concept of probation
becomes important. It is a kind of non-custodial sentence, where the person is released so that he
can associate with the people in society and lead a normal life.
Modern Criminal Jurisprudence recognizes that criminals are not born but made, since when a
crime occurs it takes place due to culmination of variety of factors and that a good many crimes
are the result of socio-economic milieu. These factors may be social and economic, may be due
to erosion of moral values by parental neglect, stress of circumstances or doing a criminal
activity in spur of heat of a moment. So, whenever a criminal activity takes place it’s not always
that the person so involved had prior intention to commit the crime; thus sentencing such a man
to prison term may often embitter him and when he comes out of the prison bars he becomes an
enemy of society. Thus, it is absolutely necessary to rekindle him and bring him into mainstream
of life. These type of rekindling can be best tried through parole and probation, community
service and creative and employment opportunities1.
The object of Criminal Law is more to reform the offender than to punish him. Instead of
keeping an accused with hardened criminals in a prison, Court can order personal freedom on
promise of good behavior, and can also order a period of supervision over an offender. This is
what we generally call as ‘Probation’. Simply, it can be understood as ‘ the conditional release of
an offender on the promise of good behavior’
Meaning of probation
The term Probation is derived from the Latin word probare, which means to test or to prove. It is
a treatment device, developed as a non-custodial alternative that is used by the magistracy where
guilt is established but it is considered that imposing of a prison sentence would do no good.
1
http://www.lawctopus.com/academike/probation-offenders-act/
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Imprisonment decreases the convict’s capacity to readjust to the normal society after the release
and association with professional delinquents often has undesired effects.
Probation is a socialized penal device an extramural alternative of institutionalization and has

come about as the result of modification over a period of time of doctrine of deterrence into the
principle of reformation, a development that paved the way to the introduction of clinical
approach and the principle of individualization in the handling of offenders 2.
Probation means enlarging a person subject to commit meant by suspension of sentence , during
the regularity of conduct , and imposing conditions and on default thereof arresting and
committing him until imprisonment is served or the judgment is satisfied. It is a substitute for
imprisonment , a conditional suspension of sentence .
Probation system is based on reformative theory. It is a scientific approach. It is a rational

approach towards the causation of crime of young offenders and thus they can be saved from
becoming habitual offenders by dumping them into jails. The probation officer insists on the
problem or need of the offender and tries to solve his problem and see that the offender becomes
a useful citizen of the society3.
Origin of probation in the modern period
Correctional services like Probation and Parole is an integral part of the total structure of the
punishment system in a contemporary legal world. Conceptually, the system of Probation has
developed not before the middle of nineteenth century
4JOHN AUGUSTUS- The first Probation Officer in this world is John Augustus who is also
regarded as the “Father of Probation”. By profession John Augustus was a cobbler who used to
operate in and around the streets of Boston. In 1841 he first volunteered to assist the offender if
the court would release them to his care. He first started his work by granting bail to a man
2
http://www.bjs.gov/index.cfm?ty=qa&iid=324
3
https://www.scribd.com/search?page=1&content_type=documents&query=judicial%20review%20PROBATION
4
http://npp.dps.nv.gov/
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charged with being a “common drunkard”. The man was released when he swear in front of the
court that he would never taste intoxicating liquors once he is not prisoned. In this manner
Augustus started assisting offenders who came to him seeking relief on account of probation of
good conduct, granted by a decree of the Court.
MATHEW DAVANPORT HILL- In Britain Mathaw Davanport Hill was the first person who
started the practice of conditional suspension of punishment or Probation24. He introduced two
elements of probation: (1) lessening of punishment (2) supervision. When Mathew Hill became
magistrate in 1841 in Warwickshire Quarter Sessions Court, he suspended even one day jail
sentence and used to consider the prior status of the offender5.
Object of probation
i) Object of probation is to bring law breakers and anti-social persons into willing cooperation
with the community of which he is a member , thus giving him security which he needs and
society protection against his attacks on person or property .
ii) the function of probation is to effect improvement in character of the offender and permanent
rehabilitation and reformation of the offender .
iii) Probation involves moulding of the individual’s habits in more constructive way .
iv) It’s a substitute to imprisonment .Punishment will not serve the purpose in all cases of
offenders .
v) The object is that an accused person who is convicted of a crime should be given a chance of
reformation which he would lose by being incarcerated by prison.
5
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Law of probation in India

Section 562 of the Code if Criminal Procedure, 1898, was the earliest provision to have dealt
with probation. After amendment in 1974 it stands as S.360 of The Code of Criminal Procedure,
1974. 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, which lays down for probation
officers to be appointed who would be responsible to give a pre-sentence report to the magistrate
and also supervise the accused during the period of his probation.
Section 360 in The Code Of Criminal Procedure, 1973
6
360. Order to release on probation of good conduct or after admonition.
(1) When any person not under twenty- one years of age is convicted of an offence punishable
with fine only or with imprisonment for a term of seven years or less, or when any person under
twenty- one years of age or any woman is- convicted of an offence not punishable with death or
imprisonment for life, and no previous conviction is proved against the offender, if it appears to
the Court before which he is convicted, regard being had to the age, character or antecedents of
the offender, and to the circumstances in which the offence was committed, that it is expedient
that the offender should be released on probation of good conduct, the Court may, instead of
sentencing him at once to any punishment, direct that he be released on his entering into a bond
with or without sureties, to appear and receive sentence when called
upon during such period (not exceeding three years) as the Court may direct and in the meantime
to keep the peace and be of good behaviour: Provided that where any first offender is convicted
by a Magistrate of the second class not specially empowered by the High Court, and the
Magistrate is of opinion that the powers conferred by this section should be exercised, he shall
record his opinion to that effect, and submit the proceedings to a Magistrate of the first class,
6
https://indiankanoon.org/doc/755395/
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forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall
dispose of the case in the manner provided by sub- section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub- section
(1), such Magistrate may thereupon pass such sentence or make such order as he might have
passed or made if the case had originally been heard by him, and, if he thinks further inquiry or
additional evidence on any point to be necessary, he may make such inquiry or take such
evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest
misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860 ), punishable
with not more than two years' imprisonment or any offence punishable with fine only and no
previous conviction is proved against him, the Court before which he is so convicted may, if it
thinks fit, having regard to the age, character, antecedents or physical or mental condition of the
offender and to the trivial nature of the offence or any extenuating circumstances under which
the offence was committed, instead of sentencing him to any punishment, release him after due
admonition.
(4) An order under this section may be made by any Appellate Court or by the High Court or
Court of Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any offender, the High Court or
Court of Session may, on appeal when there is a right of appeal to such Court, or when
exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such
offender according to law: Provided that the High Court or Court of Session shall not under this
sub- section inflict a greater punishment than might have been inflicted by the Court by which
the offender was convicted.
(6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of
sureties offered in pursuance of the provisions of this section.
(7) The Court, before directing the release of an offender under sub- section (1), shall be satisfied
that an offender or his surety (if any) has a fixed place of abode or regular occupation in the
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place for which the Court acts or in which the offender is likely to live during the period named
for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with the
offender in respect of his original offence, is satisfied that the offender has failed to observe any
of the conditions of his recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the
Court issuing the warrant, and such Court may either remand him in custody until the case is
heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and
such Court may, after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958
(20 of 1958 ), or the Children Act, 1960 (60 of 1960 ), or any other law for the time being in
force for the treatment, training or rehabilitation of youthful offenders.
Section 361 in The Code Of Criminal Procedure, 1973
7
361. Special reasons to be recorded in certain cases. Where in any case the Court could have
dealt with,-
(a) an accused person under section 360 or under the provisions of the Probation of Offenders
Act, 1958 (20 of 1958 ), or
(b) a youthful offender under the Children Act, 1960 (60 of 1960 ), or any other law for the time
being in force for the treatment, training or rehabilitation of youthful offenders, but has not done
so, it shall record in its judgment the special reasons for not having done so.
Object of section 360 of The Code of Criminal Procedure,

1973
7
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Section 360 is intended to be used to prevent young persons from being committed to jail, where
they may associate with hardened criminals, who may lead them further along the path of crime,
and to help even men of more mature years who for the first time may have committed crimes
through ignorance, or inadvertence or the bad influence of others and who, but for such lapses,
might be expected to be good citizens. It is not intended that this section should be applied to
experienced men of the world who deliberately flout the law and commit offences.
In Jugal Kishore Prasad v. State of Bihar the Supreme Court explained the rationale of the
provision:
“The object of the provision is to prevent the conversion of youthful offenders into obdurate
criminals as a result of their association with hardened criminals of mature age in case the
youthful offenders are sentenced to undergo imprisonment in jail.”8
Release on probation of good conduct

Section 360(1)
Having regard to the age, character or antecedents of the offender, and the circumstances in
which the offence was committed, if the court convicting the accused person considers it
expedient to release the offender on probation of good conduct (instead of sentencing him at
once to any punishment), it may direct the offender to be released on his entering into a bond,
with or without sureties, to appear and receive sentence when called upon during such period
(not exceeding three years) as the court may fix and in the meantime to keep the peace and be of
good behaviour. Such a release is permissible only if the following conditions are satisfied:
 There is no previous conviction proved against the offender.

 When the person convicted is a woman of any age, or any male person under 21 years of
age, and the offence of which he or she is convicted is not punishable with death or
imprisonment for life.
 When the person convicted is not under 21 years of age, and the offence of which he is
convicted is punishable with fine only or imprisonment for a term of seven years or less.
8
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First Offenders
The expression first offender refers to an offender who has no previous conviction to his credit,
apart from the offence in question. It is also necessary that the offence committed by him for the
first time must be one of those mentioned in section 360, CrPC. First offenders under this section
are entitled to indulgence on the ground of their age, character or antecedents and to the
circumstances in which the offence is committed. The object of this section is to avoid sending
the first time offender to prison for an offence, which is not of a serious character and thereby
running the risk of turning him into a regular criminal.
First offenders according to sub-section (1) fall under two classes:
 When the person convicted is a woman of any age, or any male person under 21 years of
age, and the offence of which he or she is convicted is not punishable with death or
imprisonment for life.
 When the person convicted is not under 21 years of age, and the offence of which he is
convicted is punishable with fine only or imprisonment for a term of seven years or less.
Offenders with any precious conviction or those found guilty of any offence punishable with
death or imprisonment for life are totally beyond the purview of the section. From this section it
is clear that it tries to reform the criminals by treating them leniently only in those cases where
there is no serious danger or threat to the protection of the society.
For application of this section it is necessary that the offender must not have been convicted
previously so as to bring him in the category of the first offender. On fulfilment of the above
conditions, if the court by which the offender is convicted considers it expedient that the offender
should be released on probation of good conduct, it may, instead of sentencing him at once to
any punishment, order him to be released on bond with or without sureties. The offender may be
required to furnish a bond to appear and receive sentence whenever called upon during such
period not exceeding three years as the court may direct. The offender shall be directed by the
court to keep the peace and be of good behaviour if he is released on probation under this
section. In Md. Syad Ali v. State of Gujrat., when the accused was a first offender and his age
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was below 21 years but the court had not applied its mind to the application of section 360, it
was held that it was a fit case for granting probation9.
No offender can as a matter of right, on fulfilling the conditions laid down in this section, claim
to be released on probation of good conduct. It is a discretionary power given under this section
to the court.
Release after admonition
Section 360(3)
Having regard to the age, character, antecedents or physical or mental condition of the offender
and to the trivial nature of the offence or any extenuating circumstances under which the offence
was committed, the court may, after convicting the accused person, release him after due
admonition. Such a release is permissible only if the following conditions are satisfied:
 There is no previous conviction proved against the accused person.

 The offence of which he has been accused of is either theft, theft in a building or
dishonest misappropriation or is punishable under the IPC with not more than 2 years’
imprisonment or is one punishable with fine only.
Subsection (3) is applicable only in respect of the specified offences and such other offences
under the IPC that are not punishable with more than two years’ imprisonment. Under this sub-
section the court has got the discretion to release the offender after admonition instead of
sentencing him to any punishment.
Section 360(4)
An order under s. 360 directing release of the convicted offender on probation of good conduct
or release after due admonition may be made by an appellate court or by the High Court or court
of session when exercising its powers of revision.
9
http://www.lawctopus.com/academike/category/criminal-law/probation-and-parole/
Page 16
Section 360(5)
The High Court or the Court of Session may, on appeal or when exercising its powers of
revision, set aside such order and in lieu thereof pass sentence on such offender according to law.
But the High Court shall not inflict a greater punishment than might have been inflicted by the
court by which the offender was convicted.
Breach of recognisances
Section 360(8) & Section 360(9)
In case the offender fails to observe the conditions of his recognizance, the court which
convicted the offender or any court which could have dealt with him in respect of his original
offence may issue a warrant for his apprehension and when brought before it may either remand
him in custody until the case is heard or admit him to bail with a sufficient surety and after
hearing the case, pass sentence.
Analysis of Section 4 of Probation Of Offenders Act 1958
Release on Probation
Section 4 of the act deals with the power of the court to release certain offenders on probation of
good conduct. [iii]
As per Section 4, if any person is found guilty of having committed an offence not punishable
with death or imprisonment for life and the court by which the person is found guilty is of
opinion that, having regard to the circumstances of the case including the nature of the offence
and the character of the offender, it is expedient to release him on probation of good conduct,
then, notwithstanding anything contained in any other law for the time being in force, the court
may, instead of sentencing him at once to any punishment, direct that he be released on his
entering into a bond, with or without sureties, to appear and receive sentence when called upon
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during such period, not exceeding three years, as the court may direct and in the meantime to
keep the peace and be of good behavior.
The section further requires that the offender or his surety has a fixed place of residence or
regular occupation in a place where the court exercises jurisdiction. Also, before making any
such order, the court shall take into consideration the report, if any, of the probation officer
concerned in relation to the case. However, it is not necessary that the court has to act on
probation officers report. It can also gather information from other source and on its own
analysis.
The court may also require the offender to remain under the supervision of a probation officer
during certain period, if it thinks that it is in the interests of the offender and of the public. It can
also impose appropriate conditions which might be required for such supervision. In case the
court does specify such conditional release, it must require the offender has to enter into a bond,
with or without sureties, enumerating the conditions. The conditions may relate to place of
residence, abstention from intoxicants, or any other matter as the court thinks appropriate to
ensure that the crime is not repeated.
The non-obstante clause in section 4 of the Act is a clear manifestation of the intention of the
legislatures that the provisions of the Act would have effected notwithstanding any other law for
the time being in force.
It is a general section under which the benefit is extended to the offenders under 21 years of age
and also offenders who are above 21 years of age. Discretion is exercised by the court while
giving the benefit of probation to the offenders above 21 years of age. No reasons are to be
recorded when the benefit of probation is granted to the offenders above 21 years of age.
Section 4 laid down that the court shall consider the report of the P.O if any. It is not obligatory
on the court to call for and consider the report of the P.O. in terms of section 4(2)
An order of release on probation came into existence only after the accused is found guilty and
is convicted of the offence. Thus the conviction of the accused or the finding of the court that he
is guilty cannot be washed out at all because that is the sine quo non for the order of release on
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probation of the offender. The order of release on probation of the offender is merely in
substitution of the sentence to be imposed by the court. This has been made permissible by the c
statute with a humanist point of view in order to reform youthful offenders ad to prevent them
from becoming hardened criminals.
Benefits of Probation Service
It serves the needs of the probationer in the following manner: -
Probation keeps the offender away from the criminal world. Further, the fear of punishment in
case of violation of probation law has a psychological effect on the offender. It deters him from
law breaking during the period of probation. Thus probation indirectly prevents an offender from
adopting a revengeful attitude towards the society. Moreover, sentencing an offender to a term of
imprisonment caries with it a stigma, which makes his rehabilitation in society difficult. The
release of the offender on probation saves him from stigmatization and thus prepares him for an
upright living. The shame of going through a trial process would have sufficiently chastised him.
According to the labeling theory, a stigmatizing label once applied, is very likely to cause further
deviance or create the deviance. People tend to conform to the label even when they didn't set out
that way10.
Probation seeks to socialize the criminal, by training him to take up an earning activity and thus
enables him to pick up those life-habits, which are necessary for a law-abiding member of the
community. This inculcates a sense of self-sufficiency, self-control and self-confidence in him,
which are undoubtedly the essential attributes of a free-life. The Probation Officer would guide
the offender to rehabilitate himself and also try and wean him away from such criminal
tendencies.
Before the implementation of probation law, the courts were often confronted with the problem
of disposing of the cases of persons who were charged with neglect of their family. In such cases
there was no alternative but to send them to prison, which was an unnecessary burden on the
State exchequer. With the introduction of probation as a method of reformative justice, the courts
10
Page 19
can now admit such offenders to probation where they are handled by the competent probation
officers who impress upon them the need to work industriously and avoid shirking their family
responsibilities.
An analysis of crime statistics would show that a large segment of offenders consists of the poor,
the illiterate and the unskilled. Such offenders are seen to be victimized twice: once, when they
are denied of their basic human needs in open society and forced to live in a sub-culture of social
marginality, and, again, when they are grinded in the mill of criminal justice for having infringed
the law. Probation would thus be an effective means to deliver justice to them, they would not be
incarcerated and also they would be trained which would improve their life later11.
The society is also served. The object of society that all its members playing a positive role by
seeking their self-rehabilitation is achieved by the probation system, it is indeed an effective
method of preserving social solidarity by keeping the law-breakers well under control. Also,
during the probation period, the offender is sent to various educational, vocational and industrial
institutions where he is trained for a profession which may help him in securing a livelihood for
himself after he is finally released and thus lead an absolutely upright life. And whatever work
an offender is doing as a probationer, he is contributing to the national economy. Thus, he no
longer remains a burden on the society.
Further, correctional task of probation staff requires closer contact with inmates during his period
of probation. This helps the probation supervisor to get a deeper insight into the real causes of
crime and suggests remedies for their eradication.
11
http://www.attorneys.com/parole-and-probation/major-differences-between-parole-and-probation
Page 20
Suggestion
After-care of released prisoners is one of the most effective means to look after the financial and
family burden of the prisoners in terms of providing vocational training for creating employment
opportunities of the prisoner and their families49. This constitutes one of the most important
integral part of correctional programs of prisoners, since immediately after release from prison
an offender has to confront with a lot of social and personal problems, such as loss of family
contacts, lack of suitable employment opportunities, social stigma of prison sentence. It is for the
solution of these problems that a discharged offender needs the society’s help, care, sympathy
and solace. The significance of after-care help being without the provision for these services a
prisoner in all probability, will find no other alternative and to revert back to the crime.
Despite the usefulness of after-care services , there has been very little progress in this major
area of correctional services in India. Some sporadic efforts to render a part of the service to the
released offenders have, however, been made in some of the states. Yet, the actual after-care
work that has been done so far in this country, falls far from the short of the requirements. Lack
of funds, ignorance of the psychological and economic basis of crimes, and general apathy are
the major factors standing in the way.
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Conclusion
To conclude, it can be said that the measure of alternative punishment i.e., probation and the
objective of theory of reformative punishment would be achieved only if the judiciary and the
administration work together. It would be of great benefit for a country like India, where the jails
are often overcrowded, with frequent human rights violations which would harden the human
inside a person.
Probation is an affirmation of the human inside every being and it must be given importance.
The reform and rehabilitation process have to be worked out in context of existing social
conditions to achieve the ultimate objective to reclaim back those offenders to orderly society
Freedom and liberty of conscience should be the concept of parole and establish societal love
and acceptance. Inconsistent orders based on irrelevant grounds, False police reports, misuse of
power and position should ber avoided in parole. . It is important to review the existing system
and procedures of Parole and give serious consideration so that the deserved should not be
rejected.
Parole is related to but somewhat different from probation. Like probation, parole also ideally
includes treatment in the form of supervision, guidance, and assistance. But while in the case of
probation the suspension of sentence is made at the court level without the offender having
served any part of the sentence in penal confinement while on the other hand, parole is granted
by an executive board or the institution itself only after a prisoner has served a portion of his
sentence
Page 22
Bibliography
Girjesh Shukla Crimonology , Lexis Nexis, 1st Edition, 2014

P.M Bakshi, Public Interest Litigation, Delhi, Ashoka Law House ,Third Edition,2012
The Indian Police Journal, Vol.LX. NO. 2, April- June 2013, Page No.112-134
R.V Kelkars criminal procedure Eastern Book Company 6TH Edition 2014
http://www.lawctopus.com/academike/probation-offenders-act/
http://www.vakilno1.com/bareacts/pris1900/pris.html
https://criminallawyersindia.wordpress.com/2014/04/04/rule-of-parole-in-india/
http://criminal-law.freeadvice.com/criminal
law/parole_probation/probation_parole_pardon.htm
http://www.attorneys.com/parole-and-probation/major-differences-between-parole-and-
probation
http://shodhganga.inflibnet.ac.in/bitstream/10603/8972/14/14_chapter%209.pdf
http://www.ijird.com/index.php/ijird/article/viewFile/77696/60297
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Criminlogy 1

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Comparative Study Of Probation In India Pakistan and Bangladesh

Comparative Study Of Probation In India

Mr. Manoj Kumar

(Faculty of Criminolgy & Penology)

Roll No. - 125

HIDAYATULLAH NATIONAL LAW UNIVERSITY,

B.A. LL.B. (Hons.)

HIDAYATULLAH NATIONAL LAW UNIVERSITY

1) To understand the concept of probation under criminal justice system

Girjesh Shukla Crimonology , Lexis Nexis, 1st Edition, 2014

Probation is a socialized penal device an extramural alternative of institutionalization and has

Probation system is based on reformative theory. It is a scientific approach. It is a rational

Origin of probation in the modern period

Law of probation in India

Section 360 in The Code Of Criminal Procedure, 1973

Section 361 in The Code Of Criminal Procedure, 1973

Object of section 360 of The Code of Criminal Procedure,

Release on probation of good conduct

 There is no previous conviction proved against the offender.

First offenders according to sub-section (1) fall under two classes:

Release after admonition

 There is no previous conviction proved against the accused person.

Section 360(8) & Section 360(9)

Analysis of Section 4 of Probation Of Offenders Act 1958

Benefits of Probation Service

It serves the needs of the probationer in the following manner: -

Girjesh Shukla Crimonology , Lexis Nexis, 1st Edition, 2014

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