SEMESTER V – TERM END SUBMISSIONS

SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under Section 3 of the UGC Act 1956)
Re-accredited by NAAC with ‘A’ grade (3.58/4) Awarded Category – I by UGC

Program: BBA LLB (Hons.)

Batch: 2018-23
Semester: V
Course Name: Code of Criminal Procedure
PRN: 18010126137
Name of the Student: Pranjal Singh

INSTRUCTIONS
1. Mention your details only in the space provided above. If any other details
name, contact detail etc. are written anywhere else in the answer script it will
be treated as adoption of unfair means.
2. Use diagrams and sketches wherever required.
3. Examiner will conduct viva voce based on entire question paper set on the
subject.
4. Submission must be done by the student through google form link provided
by the examination department and all submissions must be in the word
format only(.doc/.docx). Submission of any other format will not accepted.
5. Submission will not be accepted beyond the deadline given by the
examination department in each subject. Student will be marked absent in
case of late submission.
6. Formatting guidelines: Font size & name: 12 & Times New Roman; Line
spacing 1.5; Justified; Page size: A4; No borders
7. Write your answer in your own language and do not copy paste from any
source. Read the question carefully and write your answer fulfilling the
requirements of the question.
8. If the students copy from each other’s assignment, it will be considered as
unfair means case and performance will be treated as null and void for the
entire examination.
9. Please read all the instructions given by the faculty in every subject in the
question paper.

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Question 1 Option 2

Mr. A is charged in Mumbai with an acid attack on two women. They were both
seriously wounded. Mr. A was found guilty in court. The prosecution side was also
helped by all the prosecution witnesses. Write a thorough judgement under the "Code of
Criminal Procedure, 1973" in the view of different Apex court judgments on acid attack
cases and compensation, with the budding definition of compensation jurisprudence in
India.

In Indian Jurisprudence, there have been three separate stages of regulation of the right of
reward.
Firstly, Sec. 357 of the 1973 Code of Criminal Procedure marked the start of the right to
compensation in criminal law for a victim when the code came into effect. Second, Sec.
357A was introduced into the code in 2008 with amendments to the dominant rights.
Thirdly, the "Criminal Law (Amendment) Act, 2013" created the greatest effect as it
made it mandatory for the state to contribute to the amount of compensation for selected
crimes.

The recommendations of the JS Verma Committee resulted in the addition to the code of
2 new Sec., namely Sec. 357B & 357C. Sec. 357B deals with the compensation owed by
the state government to the victim. This is in addition to a fine being charged. Although
there are such significant welfare provisions in the code, for a very long time, the courts
have never really added much to the jurisprudence around this issue. As a consequence,
the purpose behind which these welfare provisions were implemented was overlooked in
the first place.

In its 42nd report, the Law Commission also observed and regretted that the Courts had
never really exercised, in a more liberal manner, any of their powers bestowed under this
Sec. and urged the Courts to rethink their approach to these issues.
The Supreme Court took a somewhat similar view in the “Roy Fernandes v State of Goa”
case.

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Fortunately, in the landmark case of "Ankush Shivaji Gaikwad V, The State of

Maharashtra", this dismal mindset of the courts was cured by the Supreme Court. In the
jurisprudence concerning the problem of victim compensation, this case has been an eye
opener. It was one of the few decisions where this clause was interpreted in a liberal &
progressive way by the court. In this case, the court held that while it is the discretion of
the courts to grant or refuse compensation to a victim in accordance with Sec. 357, it is
the obligation of the courts to give specific reasons for granting or refusing compensation
to the victim, which is also an indication of the compulsory duty of the court's mindset.

The court referred in the USA & England to the existing procedures relating to this issue
and drew similarities to the Indian scenario and also referred to the laws of statutory
interpretation where in some situations 'could' may be interpreted as 'must' and then came
up with the aforementioned ratio.
In England, in cases of death, injury, loss, etc., the "Criminal Justice Act 1982" made it
obligatory for the courts to consider awarding compensation to the claimant, and if the
court chooses not to offer compensation, they are obliged to provide reasons for that. It
also has a large variety of accidents that could be liable for compensation claims.
The "Victim and Witness Protection Act of 1982" in the United States of America grants
the federal courts power to award compensation as part of a convict's sentence. Sec.
3553(a)(7) of Title 18 of the Act specifically advises that the courts provide victims of a
prescribed list of offences with compensation. However, in every case, they are not
obligated to provide compensation, but the courts must provide specific reasons for not
providing damages to the claimant in accordance with the law.
The laws relevant to this topic in these 2 nations, after a comparative review, led the SC
to hold that the question of damages must be addressed in any criminal case and the court
is obliged to give the victim the reasons for refusing compensation.
In the context of Sec. 357 CrPC., the court also discussed the void. In which the term
"may" makes it clear that if a problem of granting damages to a claimant occurs, the law
does not require the courts to use their minds.
The Court nevertheless addressed this problem by taking precedence from the cases of
"Smt. Bachchan Devi and Anr. v. Nagar Nigam", "Gorakhpur and Anr and Dhampur

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Sugar Mills Ltd. v. State of U. P. and Ors", and applied to Sec. 357 of the Code the tests
set out in the above cases and held that the clause genuinely granted powers and also
placed an obligation on the Courts to apply its judgement in criminal cases where there is
a question of awarding compensation. They emphasized that across the full scope of the
justice system, the purpose behind implementing this law was to ensure the victim is not
overlooked. If the judges do not use their minds to the issue of justice for victims and
even if they do not view the provisions liberally, the victim will stay forgotten. Thus, the
purpose behind the implementation of this provision will be absolutely defeated in the
lack of these 2 criteria. After referring to many events, they reached this conclusion.
"NEPC Micon Ltd. and Ors. v. Magma Leasing Ltd. (1999) 4 SCC 253" and "Swantraj
and Ors. (1999)" v. Maharashtra State (1975) 3 SCC 322"; "Punjab State v. Prem Sagar
and Ors. 7 SCC 550)' (2008)
Several courts have referred to this judgement in their rulings, most notably in the case of
“State v Sanjiv Bhalla.”
In the case of “Mohd Haroon v UOI”, the apex court ruled that the court emphasized the
need to formulate and introduce steps aimed at improving the socio-economic situation of
women to curb gender-based violence in cases involving crimes against women. The
embarrassment or prestige that is lost cannot be paid for, but compensation can provide at
least some reassurance. According to that clause, it is the responsibility, in any event, of
the "District Legal Services Authority" and the "State Legal Care Authority" to determine
the amount of compensation to be paid by the convict or offender to the victim.
The "Laxmi v U.O.I" Supreme Court case is a landmark case regarding the issue of
"victim compensation" for victims of acid attack. In this case, the supreme court has held
that at least of Rs 3,00,000 (only Rs 3 lakhs) should be made available to each victim of
an acid attack pursuant to Sec. 357A, maximum medical assistance should be given to
victims of an acid attack, free medical care should also be provided to such victims by
private hospitals and action may be taken against a hospital/clinic for failure to treat
victims of an acid attack Free medical care requires not only physical treatment of the
victim of an acid attack, but also the provision of medications, beds and meals in the
hospital concerned. The facility, where the victim of an acid attack is first examined, was

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also instructed to include a certificate that the person is a survivor of an acid attack that
can be used by the victim for care and reconstructive surgery or some other scheme.
In the case of "Parivartan Kendra v. U.O.I", the Apex Court affirmed and upheld that the
Laxmi Nothing case forbids the Courts from awarding greater damages to the victims of
an acid attack, especially where the survivor has suffered significant injury to her skin,
which must be taken into consideration by all the courts, and is allowed to pay the
victims any amount exceeding Rs. 3 lakhs "We should not be ignorant and unaware of
the fact that lifetime care is required for the affected skin for the victim of an acid attack.
The small sum of Rs. 3 lakhs would not be of any help or assistance for a survivor like
this. We are aware of the fact that it will be an additional burden on the State to raise the
amount of the compensation amount. It is assumed to be the responsibility of the state to
help enhancement of compensation as it will help in -
It will help the victim in rehab;
It will also help the State implement the laws better as the State will aim to comply with
them in its full spirit in an attempt to prevent the potential crime of acid assault.

It is necessary to note here that in the lack of quick prosecution and trial of acid attack
cases, it is only the degree of punishment that can be a deterrent. The term provided
under Sec. 326A is now for any term of imprisonment which may be extended to not less
than 10 years, but which may be extended to life and to a fine. Attempts under Sec. 326 B
shall be subject to a minimum term of 5 years with a maximum penalty of 7 years and
fines. This degree of punishment is not adequate to add the requisite deterrent factor to
the acid assault crime. In order to raise the penalty to a minimum of fourteen years that
can extend to life imprisonment, there is an immediate and convincing need to further
modify the current law, which means the remainder of an individual's natural life in acid
attack crimes under Sec. 326A. The hazard of acid attack will not be remedied until an
appropriate deterrent value is created. The proposed amendments are designed to
generate enough deterrent value and flush out the evil of acid attacks from our country.
Victim compensation as a norm in India is still premature and lacks steady progress.
While the judiciary no longer conforms to the obsolete practice of limiting victim

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compensation to the monetary penalty imposed on the perpetrator, there is a great deal of
change to be done in order to help victims from various contexts adequately.
The creation of victim-centered jurisprudence must transcend the legislative need and
give participating organizations the ability to respond to the complex needs of a victim.
Compensation has to be completely realized in the light of recognizing recovery for the
wounded. Therefore, a comprehensive Victim Compensation Program should provide
support to get the victim back into the social standard through the process of conviction,
psychological therapy and rehabilitative steps. In addition to defining the position of
various parties, an effective victim compensation programme must inevitably allow
accountability in budget expenditure and a fool-proof accountability mechanism.

SUGGESTIONS
Victim Compensation laws in the following ways can be made more realistic, reliable and
reasonable: 
 To inform victims of their role and the nature of that position, the length and
progress of the legal proceedings and the handling of their cases, in particular in
cases involving heinous crimes and where such knowledge has been sought.
 Assisting the victims by supplying them with sufficient assistance in the legal
proceedings.
 We must ensure that undue complications in the handling of litigation and in
implementing orders or decrees granting compensation to the victims affected are
avoided.
 Start taking measures to alleviate the victims' pain & suffering and, wherever
possible, ensure their privacy and safeguard their integrity and ensure their
protection from threats and retaliation, and that of their relatives and witnesses
who testify on their behalf for them in the case.
 There should never be a pause in paying the amount of money to the injured,
regardless of the circumstances.

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 There is one drawback in sub-Sec. (3) and that is, only in situations where a fine
is not levied will it be awarded. However, if a fine is levied, this clause does not
apply. This Sec. should, in my view, be valid even when a fine is imposed.

A profound change in the attitude of the criminal justice system towards the victims of
crime in India has occurred. Victim compensation, however, has seldom been used for
fines levied and the amounts paid have been marginal. " The Victim Compensation
Program" is a brilliant effort by states to pay for the deaths or injuries of victims and to
meet the treatment and other recovery aid needs in order to compensate the damages.
However, in some respects, the systems around the States have been shown to be
divergent. Among nations, even the financial compensation paid varies. It is vital that the
process will work for the victim's benefit and, thus, all appropriate efforts should be made
to facilitate the mechanism. As a consequence of the agony, the DLSA / SLSA must be
sensitive to the misery and distress of victims of crime and their needs and problems.
Therefore, instructions must be issued to give the survivor the best deal, providing
him/her with a reasonable quality of life to "rehabilitate, reassimilate and re-socialize". It
is crucial to emphasize the ease of procedures and to reduce, to the greatest extent
possible, the burden on victims to obtain certificates, to supply other documents required,
etc.
It is important to revitalize the criminal justice system of India to become a structure that
is knowledgeable about the nature of crimes, their effect on victims and the responsibility
they bear in society, and that is active in the evolution of international jurisprudence on
human rights. As responsible persons, it is important to continually remind the morality
of justice that it has a sacrosanct obligation to rehabilitate the victims.

Question 2 Option 1

Introduction

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Court system impacts the person's right to freedom and a proper life. There are flaws to
be identified in any branch of government. There must be special guidelines on the
conduct of judiciary to prevent the reach of perversion of justice from spreading.
Reflecting on this, guidelines which have been introduced to fix this issue be a part of the
CrPC. There are detailed guidelines in the Criminal Procedure Code for appeals up to
S. 394.

There are cases in which you do not appeal. Judges have kept in mind that in a number of
cases Code of Criminal Procedure has ignored the chance to re-examine cases of those
convicted. S 397 to S 405 contain the legal functions exercised by the various judicial
systems and the way to practice such authority. These duties are broad because of the
autonomy in their exercise.

While "appeal" is a lawful entitlement provided to individuals, it is entirely discretionary

of the judicial official, meaning that it is not a "right" like others. In criminal trials at
minimum an "appeal" is given to a defendant in both state and federal courts. This case
would be an example of the kinds of variations between a revision and an appeal.  The
distinction here between an "appeal" and a "revision" is  specific in the law. "Right of
appeal" connotes a privilege of reconsideration on the legislation and evidence, except
where the law directs otherwise. This is given to a higher judicial authority so that it can
make sure that a specific case has been resolved legally.

Meaning
"Appeal" is a procedure where a judge scrutinizes a decision reached by another judge. "
Appeal" is a judicial procedure that can be submitted for re-examination of the ruling of
an inferior court to a superior court.

It is necessary to note that an appeal cannot lie in any "criminal case", except as given by
statute. There is no "right to appeal" after the initial re-examination. Even the first
appeal would be subject to constitutional limits. The judiciary pursue a case only with the
expectation that it was dealt with equally. Even so, should the court reverse the verdict,
the defendant will still challenge.

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The honorable apex Court held in "Satya Pal Singh vs State of Madhya Pradesh" that the
parent of the victim had the "locus standi" to challenge the High Court pursuant to S. 372,
as it meets the context of "victim" to challenge the validity of the judgement and the
direction of the suspect's verdict.

There is provision for victim's counsel to challenge a conviction in an "appeal" of a trial c
ourt to a higher court. 

In particular, the very same set of policies and procedures was used in the Sessions Court
s and High Courts to control appeals (Most superior "court of appeal" in a country and ha
s more authority in issues where re examination is allowed)

In the context of challenges to the court's decision, the Apex Court is the most superior
"court of appeal" in the nation and thus possesses the broadest unrestricted and
absolute powers. The rules laid down in the CrPC, the India's constitution, and the
Apex Court (Enhancement of "Criminal Appeal Jurisdiction"1970), primarily regulate its
functions.

The legislation requires an individual convicted of a criminal offence to challenge to the

Apex Court or the State Court or the Sessions Court in accordance with the criteria. the
case of "Arun Kumar v. State of Uttar Pradesh", the Hon'ble Apex Court held that, in
addition, if the State Court considered that the statement given by the judge of the
session's court was about the acquittal of the prosecution was incorrect, this also
contributed to a wrongful conviction, the State Court was thus appropriate to put down
and prosecute this "acquittal".

Appeal against acquittal

The Government of the state has the right to order the "public prosecutor" to challenge
the penalty in only certain situations where the conviction was conducted by the High
Court. This indicates that the accusers or perpetrators were not allowed to challenge the
penalty after it has been imposed by the judge. The court must offer a fair chance to the
convicted to demonstrate cause why any sentencing enhancements are necessary. Of

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course, the defendant has the option to appeal for his/her release or reduced punishment
by demonstrating good cause.

Likewise, the District Magistrate and State Government has the right to guide the Public
Prosecutor to submit a challenge to Court of Sessions, and the High Court respectively if
it thinks that the punishment is too lenient. In the case of "Satya Pal Singh vs State of
Madhya Pradesh", the Hon'ble Supreme Court held that a victim could not file
a challenge opposing an "order of acquittal" without securing the permission of the state's
highest Court.

Because of the right of appeal to the Supreme Court against the judgement of the High
Court, the convicted person has the right to appeal again to the Supreme Court after the
High Court has overturned an order of his acquittal on review by prosecuting him,
condemning him to execution or prison sentence. This has been manifested in art 134(1)
of the Indian Constitution under the "appellate jurisdiction" of the Apex Court. The
courts extension act has also been enacted by the legislature for extending the jurisdiction
of the Apex Court, in conformity with Art. 134 of the Indian Constitution.

 Generally, when more than just one individual has been sentenced in a courtroom, an
application will be accepted by the judiciary to the Apex Court.

There are several special cases in which no right of appeal exists. These privileges have
been created under S. 265G, S. 375 and S. 376 of the Criminal Procedure Code.

According to the code of police procedure, final decisions and orders passed by a lower
court on appeal are enforceable. This highlights the priority given to appeals.

Conclusion
Via an appeal, an individual gets a chance to rectify errors made in a judicial or legal
proceeding. However, an appeal for any decision, penalty or order of a "criminal
court" can only be allowed if it is provided for in the bill of law itself. Power to challenge
may only be practiced in compliance with provisions of CrPC and other lawful provisions
of law as applicable. In terms of the judgment on whether or not to challenge, it is a
private decision. As well, there are several cases in which challenge is not permitted, in
reality the decision of the "criminal court" would achieve conclusion.

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Question 3 Option 1
Introduction:
This system is fundamentally unique from the "criminal justice system" in view of the
reality that it seeks to render the adolescent, who's in dispute with the system, as a
valuable part of the community and to help reintegrate them. In the field of criminal law,
S. 27 of CrPC, 1973 governs "juvenile courts".  Below the age of sixteen clause, which
applies to crimes that do not carry the death penalty or in jail for life.
The Apex Court has ruled that "juvenile laws" take precedence in cases dealing with
juveniles, irrespective of how heinous the charges. Despite being a contravention of any
other existing statute, the laws of the code extend to all criminal cases with detention
conviction, charge or sentencing or custody of adolescent in trouble with the
judiciary under any other legislature.

Composition:
No judge shall be selected as a part of the committee but only if he has been involved
directly in "child psychology" or "child welfare" for 7years in the least and a support
worker shall not be designated as a part panel but if he has remained highly engaged in
social services for at least 7 years.
The term of office for the committee members and the way they resign must therefore be
like it is specified.
Amendments introduced to the "Juvenile Justice Act 2000" enforce the establishment of a
"juvenile justice board" in every area.  The panel must comprise of a "principal
magistrate" and "two social workers" one of whom should be a female.
Qualification:
The "Principal Magistrate" has to be a "metropolitan magistrate "or a "first class judicial
magistrate" with advanced experience or handling in "child psychology" and education
programs (although essentially the distinction of "first class" and "second class" has been
removed)

Qualifications of a Social worker –

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i. who has been actively interested in child health education or child welfare
programme for least 7 years in the least;
ii. Not younger than thirty-five years old; 
iii. who has a master's degree, degree in public welfare, nutrition, literacy,
counseling, early education or some other field of social science.
iv. Mustn't (a) not be prosecuted under any statute (b) have committed child sexual
abuse or child labor or any other breach of human rights of an unethical act (c)
hold any separate job that does not enable him to offer the requisite focus and
effort to the job of the Management board
v. Chosen by a search panel led by a state court judiciary who is resigned;

Term in office of the board members:

The broad term of office: 3 years the members of the committee can be elected for a total
of 2 back-to-back terms.

Capacity for final order:

1. If a Panel is pleased with an investigation Pursuant to S.4(7) of the Juvenile

Justice Act, 2000, the position of any seat of the Board, with the exception of the
"Principal Magistrate", may be revoked following an investigation by the government
of the state. 

Out of all the 3 board members of "juvenile justice", the "principal magistrate" being

a court officer, the terms of service are regulated by the laws of the state judiciary.

Per respect to the board members, after conducting an investigation, the factor of
dismissal will be determined by the government of the state, if

a) He was convicted of abuse of the power conferred on him under this statute.
b) Who has been prosecuted of a crime with regard to ethical depravity and has not
been repealed or given full amnesty for such a felony.

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c) stop attending the hearings of the Committee for a period of 3 months without any
legitimate cause, or fail to address the hearings of the Panel for a period of 3
months consecutive,
2. If an adolescent has perpetrated a crime, then, despite anything at all to the opposite
found for the provision of this act in some other statute, the Panel can, if it considers
such necessary,
a) Enable the adolescent to go back after consultation or acknowledgment after
sufficient inquiry and guidance from the legal guardian and the adolescent,
b) Steer the adolescent to take part in team advice and associated matters;
c) Direct the adolescent to offer a task in the society;
d) Require the guardian of the adolescent or the adolescent to pay a fine themselves
in the case he is above the age of 14 years of age and makes profit; (e) Guide the
adolescent to be placed on parole of proper behavior and put underneath the
supervision of any supervisor, parent or any other healthy guy, or such supervisor,
parent or other healthy individual executing a guarantee, even without certainty,
as the Panel might need, for the positive conduct and safety of the adolescent for
any term not extending 3 years
e) Order the adolescent to be placed on parole for proper behavior and to be held
underneath the supervision of any organization appropriate for the proper
behavior and health of the adolescent for a term not extending 3 years;
3. The Panel shall procure, through either the "Probation Officer" or an approved
charitable agency and otherwise, a public inquiry document on adolescents and shall
take note of the results of this document prior to the issuance of the application.
4. The Board of Directors may, if it is of the opinion that it is justified to do so, order
that the adolescent shall be under the care of a 'Probation Officer' for a defined
duration not extending 3 years.

 Given that if it occurs to the Board at any point after obtaining a statement from the
Case Worker or that the adolescent in violation of law has not been in good behavior
during the monitoring term or that the suitable organization in which custody the
adolescent has been held is no more ready or able to maintain the adolescents' good

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conduct and well-being, it may be able to do so after the adolescent has been put
under its monitoring.

5. When making a supervisory order under subSec. (3), the Board shall clarify the terms
and conditions of the order to the juvenile and to "the parent, guardian or other fit
person or fit institution", as the situation could be, under whose custody the
adolescent was held, and shall immediately supply one version of the supervisory
order to the adolescent, parent, guardian or other healthy guy or adjusts in.
 Generally, when more than just one individual has been sentenced in a courtroom, an
application will be accepted by the judiciary to the Apex Court.
There are several special cases in which no right of appeal exists. These privileges
have been created under S. 265G, S. 375 and S. 376 of the Criminal Procedure Code.
According to the code of police procedure, final decisions and orders passed by a
lower court on appeal are enforceable. This highlights the priority given to appeals.

Conclusion
Via an appeal, an individual gets a chance to rectify errors made in a judicial or legal
proceeding. However, an appeal for any decision, penalty or order of a "criminal
court" can only be allowed if it is provided for in the bill of law itself. Power to challenge
may only be practiced in compliance with provisions of CrPC and other lawful provisions
of law as applicable. In terms of the judgment on whether or not to challenge, it is a
private decision. As well, there are several cases in which challenge is not permitted, in
reality the decision of the "criminal court" would achieve conclusion.

Question 4 Option 1

The role of Probation officer under the Probation of Offenders Act, 1958 is sensitive
and that officer is accountable to the court. Explain with do’s and don’ts of probation
officers.
Introduction:

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Probation officers are judicial officers who routinely visit people convicted to "supervised
probation". Many of these offenders are low level offenders. The bulk of people placed under
parole are first time wrongdoer. Probation is intended to help former offenders escape prison.
There are many who live in our community, engage in the community and educate their
families. The aim of justice system is to allow individual to settle back into society while
maintaining contact with their family and friends. After being on probation for substance
abuse or "domestic violence", an individual may be required to undergo an assessment to
decide whether therapy is appropriate. Breath test or urine test may be done to monitor if a
driver is under the influence of alcohol. Similarly, individuals should continue their
schooling and/or job.

As stipulated in the Offenders' Probation Act, the responsibilities of a probation officer

include:
1. Scrutinize the conditions or domestic atmosphere of any individual convicted of
a crime with the aim, in compliance with any order of the Court, to submit to the required
measure.
2. " Supervising probationers", listening to them and respecting their opinions; finding
sufficient jobs for his supervision.
3. Contributing to victims’ payment of court fines or charges.

4. In cases where such advice is made in a humane and willing manner as may be given
by statute.
5. Do the other work that might be expected of you.
A probation agent should primarily have duties of inquiry, supervision, therapy, and
professional regulation. In addition to being a probation officer, this person also functions
to promote the redemption of prisoners to become law-abiding members of society.

Investigation and Surveillance:

A complete investigation into the previous criminal records of the offender is required to
satisfy the purposes of this statute. If the right investigation is being performed, proper
discipline can be applied in the case of a delinquent.

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The "probationer" should be addressed emotionally in order to obtain as much knowledge

about their antecedents from them. Surveillance in Singapore is primarily the role of
police but the help of "probation officer" will be useful in the police job.

Supervision and counselling

Continuous supervision of a probationer is neither desirable nor practicable. Supervision

of probation can only be carried out by sporadic meetings and phone calls. The probation
officer can use his or her discretion and experience to handle the prisoner the best way
possible. He should actively assist the probationer during the recovery phase. The
probationer does not feel controlled or constrained.

A probation officer supervises individuals who are on probation pursuant to S. 14(b) and
S. 18. These citizens are not discriminated. Cultural and legal. Asking the court to
interfere so that the perpetrator is rehabilitated is necessary since ordinary humans have
right to rehabilitate. There are different methods which could potentially treat and heal
the perpetrator, but monitoring is one of them.

It is the obligation of the judge to change the defendant's past behaviors. And there are
two things of supervising.

 The person who needs to test must comply with the rules of the judiciary. In the
case that the probationer goes against terms, the test officer must notify the court.
A trial officer has to retain the equilibrium between the offender's rehabilitation
and society's protection. He is facing dual duty. If the probationer does not have
any change, so he will become a protector for community.

 The probation officer must first recognize the prospective offender as he/she is,
that is, with all their flaws. We have to differentiate between cases that need much
less attention or assistance, those which are not much help and those where we
have to put all our energies into its recovery.

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Link to the Court

Another major function of the probation officer is to act as a link between the probation
and the Court, as the prime duty of the probationer under his charge is the defense of the
interest. The court may require that the terms of the probation order differ or that the
probationary bond be exercised. When he finds that the progress of the probationer is
adequate in adapting to regular life in society.
Pre-sentence report of the probation officer

 Probation officers are also called to submit a pre-sentence report to the court
judge as requested and detailed in S 7 of the "Probation of Offenders Act,
1958". Based on the report, the judge agrees and orders the defendant to be
placed on probation. Pre-sentence reports must provide precise and factual
information about an offender's character, family background, work statistics,
conditions, and historical precedents. An unbiased and factual statement is
mandatory for a criminal pre-sentence study. One of the key duties for a
probation officer is to track the defendants and file a report on them as directed
by the judge. It should include a victim details and overview of the incident.

A pre-sentence report is necessary for the assistance of a probation officer.  For S. 14(a)
of the Act, Probation Officer shall provide relevant facts concerning an individual and his
personal, social and financial circumstances following inquiries as needed.

• The case shall be illustrated with a summary of the evidence. The court must review all
the facts before deciding on a trial's outcome.

The report would be treated as 'confidential' and will be handed to the Court a day before
the date indicated in the Report.
If the Probation Officer decides that the probationer is advanced enough that more
monitoring is not required anymore, he may apply for his release of the bond.
Conclusion
The Probation of Criminals Act is very useful because it offers effective rehabilitating
alternatives. These alternative interventions can only be realized as a result of
coordination between the judiciary and the executive. This will help a nation like India,

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which is often overcrowded with prisons that often violation of human rights. If you are
given free probation, it is vital because it means that everyone is respected. Considering
the current condition of the nation, the treatment and support process must be designed to
put offenders back to an organized society. It is important that all criminal justice bodies
cooperate in order to successfully incorporate the idea of rehabilitation programs in non-
custodial environments. 

Question 5 Option 1

Explain the loopholes in the use of The Probation of Offenders Act, 1958 in the
administration of Justice with illustrations.

Introduction:

According to the Act, any person convicted for the first time of an offence punishable by
imprisonment for no more than 2 years, or with a penalty, or with both, etc., may be
released on probation after considering the form of crime, the circumstances of the case,
the condition of the offender, etc. The law of evidence notes that recording of the adverse
behavior of the defendant is, as a rule, not admissible unless the plaintiff makes a plea in
favor of the previous good character of the defendant. Only after the defendant is
convicted, the judge asks the defense for details of the defendant's previous offence, and
in some such circumstances, if the proof is not available, the court would not hesitate to
seek that information and applies the sentence as if the defendant were a first-time
offender. Secondly, legal ethics prohibits judges from social contact within the group.
The judiciary is inclined (depending on the nature of the crime) to send the convict to jail
in the interests of society. Second, some of the judges are not aware of the probation laws
or are not aware of the probation laws.

Analysis of Loopholes

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Not assured of the effectiveness of its terms, and therefore, experience shows that very
few judges recognize the Probation Act. The court is overwhelmed by litigation, which is
why, ultimately, the object of the court is to settle as many circumstances as practically as
possible, while probation appears to prolong the decision irrespective of the investigation
phase. The corrections officers make efforts to do something inside the walls of the
prison in an attempt to institutionalize the inmate in order to transform him. This is done
to steer the victim into a disciplined way of life. Since this punishment is required by
force, the offender shows reformation as long as he is in prison, but with his release to
society, he is likely to come back to criminal life. 

The court is prone (depending on the nature of the crime) to send the convict to jail in the
interests of society. Second, some of the judges are not notified of the probation laws or
are not aware of the probation laws.

When the criminal is placed on probation, he returns to his family and the community.
But the probationer, as a member of society, is not recognized by society. (depending on
the seriousness and nature of the crime, of course). Second, society can feel that justice
has not been served to them, expressing solidarity with the affected persons, and
therefore they will remain aggressive to the probationer, society and offenders, which
would influence the recovery and reorientation of the accused in society. But the purpose
of probation is to ensure that the offender returns to the community as far as possible
under the support and guidance of the Probation Officer and helps to better himself. The
"Probation of Prisoners Act" was enacted to prevent criminals from being incarcerated,
particularly under the age of 21 years, with this in mind. Therefore, while the primary
purpose of all these entities will be the same, it will be seen that their basic aims are
different. As a counselling process, this affects probation acceptance.

Before deciding the appeal, the court is required to take all this information from
probation officers under "Sec. 6 of the Act." The Act does not, however, allow for
specific arrangements to refer the Probation Officers to investigate cases in which
admonishment is to be applied as an ultimate requirement. The court will then, on
admonition, discharge an inmate who may turn out to be a threat to the community. Any
person convicted of the crime, not convicted of death or life imprisonment, irrespective

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of the number of past convictions, will, on similar grounds, be put on probation with or
without supervision.

Since there is no standard birth register system, particularly in villages, the age of the
offender is documented whether on the oral evidence of the offender or on the
investigative officer's evaluation in the charge sheet, since there are no standardized birth
registration mechanisms, particularly in villages and other rural areas (Kulkarni,).
(Kulkarni's Justice, 1971: 332). If, for whatever reason, the case is delayed, the court will
regain the right to settle the case as it deems necessary. This greatly limits coverage of
the Act. 

The Act states that if the trial court declines to meet an inmate under 21 years of age
under "sec." The Probation Officer" may file an appeal with a superior court to review the
case record. 3" (release on admonition) or "sec 4 (proof of good conduct)."

And move the order as it sees fit, as the court does not place a larger penalty on the
report. On behalf of the perpetrator, the provision made it possible for the Probation
Officer to appeal.

The required point at which a judge can grant probation is before the judgment is
pronounced. The judge may automatically make such an order without the probation
officer requesting a report or without asking for such a report. With that said, it is always
better to receive a report from the probation officer, as evidence available at times in
court is hardly appropriate for the Judge to decide whether or not the defendant should be
admitted to trial. The court must report a clear judgement about the defendant's age after
reviewing the relevant evidence. It would be necessary for the court to ask for the
probation report in advance of the verdict in order to avoid problems in the disposal of
the prosecution. 

In warrant cases, before the indictment is filed, the "International Journal of Pure and
Applied Mathematics", special Sec., is intended to compose the offender's probation
report. In "Municipal Corporation of Delhi vs State of Delhi," the Supreme Court and
others held that the Supreme Court had not directed the authorities to send a report to
review the conduct of the accused, as provided for in Article 4 of the Probation of

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Offenders Act, before granting the benefit of the "Probation of the Offenders Act" to the
convicted. The offender, in contrast, even hid that he was convicted. In this act, this also
proves to be a big loophole as many courts do not review the offenders' report carefully
and frequent offenders even get out on probation. In the other hand, the criminals lie
about their age by making a false birth certificate in rural areas where there is no
adequate probation system and set up, and get away by enforcing this Act, as done in this
scenario.

A notion that is rather radical. However, in actual life, the Probation Officer does not do
so because
(1) he is responsible for spoiling his link with the judge with whom he has to deal
frequently and on whom he depends for prosecutions,
(2) it is noted in practice that when probation treatment is refused, the judiciary grants
short-term fines with the result that, by the time the appeal is lodged by the Probation, the
judiciary grants short-term penalties
In addition, the judgement and the work of the probationary officer is seriously impacted
by the multitude of authorities to whom he is liable and for whom he is employed. The
judge also has different views of the defendant than the probation officer. Yet he has to
work under a dual order structure. He is a part of the Social Services Directorate, but it is
the duty of the Judiciary. This situation puts immense strain on his ability to fulfil his
obligations. In addition, the probation officer must also act under the supervision of a
district magistrate as well as other social services, making his role much more difficult.
 

Question 6 Option 2

IN THE COURT OF SESSIONS JUDGE AT PUNE

Ordinary Criminal Case No. 57/3822 of 2020

Date: 02.01.2021

In the Matter of

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STATE

versus

Mr. Q (Applicant)

FIR No. 78543/2020

Under Sec.: 379 of the Indian Penal Code, 1861

Police Station: Kothrud

Subject: Application for release on behalf of the convicted with Sec. 3 of the Probation of
Prisoners Act, 1958, Mr. Q

Most Respectfully Submitted as under:

1. The new FIR filed by the police in 1861 under Sec. 379 of the "Indian Penal
Code" is for an offence of minor theft of which many of the evidence provided are
fabricated and produced.

2. The alleged incident involving Mr. Q unfolded on 17.12.2020, when the applicant
allegedly took one packet of rice and one packet of chocolate from Hakim's Grocery
Store in Kothrud, Pune, without payment.

3. The applicant is a reputable employee of the business who has served for more
than 20 years in a renowned restaurant as a waitstaff commander. Nevertheless, on
01.10.2020 he was dismissed from his work without warning, which for more than 3
months left him without employment.

4. He was made without a home because of his unemployment as he was still unable
pay the necessary rent and as a result had been living on the walkways of Kothrud for
almost a month till being able to seek accommodation with his distant relatives.

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5. The applicant comes from a modest history of poor workers, none of whom, at
present, have a steady profession. He is also the single father of 1 son (aged 7) and
1 daughter (aged 4) who, owing to the COVID-19 lockdown situation concerning online
education, are presently unable to continue their education and the applicant has no ways
of providing the same.

6. The applicant has no criminal history and has been established as an honest,
principled as well as hard-working individual by known acquaintances.

7. The claimant was prosecuted with theft of the above-mentioned products under Sec.
379 of the "Indian Penal Code", 1860 and was convicted to prison for 2 months with a
penalty of Rs. 2000 and was found guilty of the same by the Tribunal of First-Class
Judicial Magistrate by judgement of 22.12.2020.

8. This is to call to the notice of this Honorable Court that, under Sec. 3 of the Probation
of Prisoners Act, 1958, the applicant is entitled for release as the following requirements
have been met.:

i. Under Sec. 379 of the Indian Penal Code, the appellant is guilty of an offence.

ii. The claimant has not ever been accused of a criminal crime and does not have any
pending criminal charges against him.

iii. The claimant is of good faith but, if levied pursuant to Sec. 4, does not currently have
any means of satisfying the bond.

9. The Apex Court is also of the view that the offender must benefit from Sec. 3 or Sec. 4
of the Probation of Criminals Act in cases of petty theft, as was the case in "Keshav
Sitaram Sali v. State of Maharashtra (AIR 1983 SC 291)"

10. In addition, it is contended that, considering their financial state and vulnerable age,
the applicant's children are not in a position to support themselves.

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11. The applicant also declares that it promises to pursue work as soon as it is released
and to cooperate with any other requirement that the Court may apply and to comply with
the provisions of this release, both with the authorities and with the police.

PRAYER:

It is therefore demanded that the Court, in the interests of justice, release the appellant
without bail, taking into account the desperate circumstances concerning the offence
committed by the appellant and/or any other order which the court might, in the facts and
circumstances of the case, find reasonable and required, may also be passed on to the
applicant.

Applicant: Mr. Q

Counsel: PQR

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