School of Law and Governance

Course Code L T P C
Course Title: Probation and Parole
Law 461
Version1.1 6 0 0 6
Pre-Requisites//Exposure Jurisprudence
Co-requisites Constitution of India, Code of Criminal Procedure, 1973,
Indian Evidence Act, 1872 etc.
Semester VIII
Programme B.A.LL.B. (H.) & B.Sc.LL.B. (H.)

1.0.Course Objective:

The object of the criminal law is more to reform the individual offenders than to punish him.
Probation and Parole are non-institutional community based services which aim at
reformation in normal surroundings i.e within the community.

2.0. Teaching Learning Methodology:

Lecture Method
Seminar, presentations by students,
Individual and group drills.
Group Discussion Method
Case Presentation and Analysis (Socio-Legal & political)

3.0. Evaluation Scheme:

Continuous Assessment 30 Points
Attendance 5 Points
Mid-Term 15Points
End Term 50 Points

4.0. Learning Outcome:

The learning of this course shall bring following outcomes:

• To demonstrate that how and in what manners criminology and victimology should be
considered in proper perspectives.
• A contextual study along with application of various laws, judicial decisions, and
commissions’ reports shall equip students to understand the significance thereto.
 School of Law and Governance

5.0. Course Contents

UNIT I- Theories of Punishment

• Retribution
• Deterrence
• Rehabilitation
• Aims of Punishment

UNIT II
Concept of Probation
• Definition of Probation
• Probation is a conditional suspension of sentence
• Origin of Probation system
• Probation in U.S.A
• Probation in U.K
• Probation in Sweden

UNIT III

Probation in India
• Historical perspective of Probation law in India
• Legislative history of probation law in India
• The Probation of offenders Act 1958

UNIT IV
• Scope of Probation under section 360 of Cr.P.C
• No benefit of Probation in sexual offences
• Major function of Probation officer
• Probation and Parole

UNIT V
The Concept of Parole
• Definition of Parole
• Origin of parole in U.S.A
 School of Law and Governance

• The British Parole system

• Parole in India

UNIT VI
Parole and it’s Essentials
• object of Parole
• condition of Parole
• Structural set up of Parole Boards and their functions
• Parole and its violation

6.0.Content Interaction Plan:

Lecture cum
Discussion Unit/Topic/Sub-Topic
(Each session of
1 Hour)
1-2
3-5
6-7
8-13
14-17
18-19
20-21
22-31
32-33
34-38
39
40
41
42
43
44
 School of Law and Governance

45
15 Hours Tutorials

7.0 Prescribed Readings:

1. Gaur, Krishna Deo. Textbook on the Indian penal Code. Universal Law Publishing, 2009.
2. Hamai, Koichi, Robert Harris, Mike Hough, Renaud Ville, and Ugljesa Zvekic,
eds. Probation round the world. Routledge, 2005.
3. Jain, Mahabir Prashad. Indian constitutional law. Wadhwa & Company, 2003.
4. Mair, George, ed. What matters in probation. Routledge, 2013.
5. McNeill, Fergus, Ioan Durnescu, and René Butter, eds. Probation: 12 essential questions.
Springer, 2016.
6. Pillai, K. N. "Criminal Procedure." (2015).
7. Qadri, Syed M. Afzal, and Ahmad Siddique. Ahmad Siddique's Criminology & Penology.
Eastern Book Company, 2009.