Probation
Ladhu Ram Chowdhary
(Querist) 27 March 2010
This query is : Resolved
7. What factors are to be taken into consideration while considering grant of probation ?
Guest
(Expert) 27 March 2010
The object of the criminal justice system is to reform the offender, and to ensure the society its security, and the security of its people by taking steps against the offender. It is thus a correctional measure. This purpose is not fulfilled only by incarceration, other alternative measures like parole, admonition with fine and probation fulfill the purpose equally well.
The benefit of Probation can also be usefully applied to cases where persons on account of family discord, destitution, loss of near relatives, or other causes of like nature, attempt to put an end to their own lives.
Its aim is to reform the offender and to make him see the right path. This can be achieved as has been said previously, not only by legislative action but also by sincerity on the part of the administration. In some parts of the country it is being implemented in the right spirit. The example of Kerala and Andhra Pradesh have been described in the project.
The success of probation is entirely in the hands of the State Government and the resources it allots to the programmes. Resources are needed to employ trained probation officers, to set up homes for those on probation and also for their training besides others.
Thus while concluding it can be said that the concept of Probation would be effective only where the judiciary and the administration work together there must be a common understanding between the Magistrate (or) Judge and the Probation Officer. Probation would be effective only when there is a sincere attempt made to implement it. 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 de importance
