Probation and Parole

Name – Aastha Gilda

PRN – 1182200081
TY LLB
 INTRODUCTION
 The term probation and parole are the two alternatives to the incarceration, wherein the
conduct of the offender is supervised according to the law. Probation can be understood as a
penalty imposed by the court in which the criminal offender is not detained but allowed to
remain in the community, on the promise of good behaviour, subject to the supervision of the
probation officer.
 In contrast, parole or otherwise called as supervised release, is one in which the inmate is
released from the jail either temporarily or permanently, before the completion of sentence,
subject to good behaviour.
 Probation – before custodial sentence
 Parole – after custodial sentence
 PROBATION
 Latin word “probare” – to test/ to prove
 H.S Cunning – Probation is a matter of discipline and treatment
 Object – to reclaim back those young and first offenders to orderly society who have for certain
reason falling into bad company are gone astray and landed into criminality. It is not meant for
harden and habitual offender who are beyond redemption.
 Provision related to probation are provided under the code of criminal procedure, 1973 and the
probation of offender act, 1985.
 PROBATION
 Case laws
1. Ramamurthy vs State of Karnataka (1997) 2 SCC
2. Ram Singh vs State of Haryana (1971) 3 SCC 914
No benefit of probation in sexual offences
3. Smt. Devki vs State of Haryana (1979)
4. State of HP vs Dharam Pal (2004)
 PROBATION
MERITS DEMERITS
 Helps to prevent first time offender  Offenders are free from legal consequences.
 Protects and rehabilitates juvenile offender  People intending to commit crime can walk out
free.
 Prevent prisons being over crowded.
 Provide second chance to function normally.
 PAROLE
1. Meaning –
 Originates from French word “je donne ma parole” means “I give my word”
 Temporary release of prisoners
 Reforming theory
 Administrative function
 Conviction is known as the parolee.
 Provision under prisons act, 1894 and the prisoners act, 1900.
 PAROLE
 Types of parole
1. Custody Parole
2. Regular Parole
 PAROLE
 Case laws
1. Attar Singh vs State of Haryana (2002) 2 SCC
2. Sumit Shah vs UOI AIR 2000 SC 1023
3. Gurdeep Bagga vs Delhi Administration 1987
 PAROLE (Budhi vs State of Raj).
 MERITS  DEMERITS
1. Helps to stay in touch with families and 1. No guarantee for good conduct after
community. release.
2. Helps to be involved in important families 2. Chances of political interference are very
matter. high.
3. It gives relief from ill effect of being in
prison.
4. Achieves the purpose of rehabilitation and
reformation.
5. Encourage to maintain good conduct in
prison.
THANK YOU..