South Africa, though a developing country makes it necessary that desired entrants have degrees in criminology, psychology, or social work. Thus it is no excuse that probation may be implemented only in the developed and rich countries. It shall be the duty of a probation officer, subject to the directions of the court— a to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit; b to see that he observes the conditions of his recognizance; c to report to the court as to his behaviour; d to advise, assist, and befriend him, and, when necessary, to endeavour to find him suitable employment. 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. In such cases, a term of imprisonment may have the very opposite effect to that for which it was intended.
Due importance must be given to the reports of the probation officers by making necessary amendments in section 4 2 and section 6 2 of the Act. Lack of properly qualified personnel, want of adequate supervision and excessive burden of casework are attributed as the three major causes of inefficiency of the probation-staff. The court before which any person is bound by his recognizance under this Act to appear for conviction or sentence may, upon the application of the probation officer, and after notice to the offender, vary the conditions of the recognizance and may, on being satisfied that the conduct of that person has been such as to make it unnecessary that he should remain longer under supervision, discharge the recognizance. The Probation Officer would guide the offender to rehabilitate himself and also try and wean him away from such criminal tendencies. The society is also served. Such tables may help in anticipating the probable result of correctional treatment on different offenders. To make the judiciary more responsive, an amendment could be brought about in The Probation of Offenders Act which would make it mandatory for the judiciary to lay down the grounds as to why the benefit of probation must not be given, on the lines of S.
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 4 of the Act provides for probation. Supervision order may be passed directing that the offender shall remain under the supervision of a Probation Officer. In an umpteen number of cases the accused had to move the High Court and even the Supreme Court to get the relief of probation. The provisions under the Probation of Offenders Act and the Code of Criminal Procedure could be amended to be similar to the Juvenile Justice Care and Protection of Children Act, where more detailed procedures are laid down, like for the setting up of observation homes, report of the probation officer. Notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him. The Juvenile Justice Care and Protection of Children Act, 2000 provides for the report of a probation officer or a recognized voluntary organization to be considered before passing a sentence.
However, he should be kept under supervision. 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. Its aim is to reform the offender and to make him see the right path. The shame of going through a trial process would have sufficiently chastised him. With the introduction of probation as a method of reformative justice, the courts 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.
Law of Probation In India Section S. Article shared by The 10 Most Important Salient Features of the Probation of Offenders Act, 1958 are listed below: 1 The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by rehabilitate in society and to prevent the conversion of youthful offenders into obdurate criminals under environmental influence by keeping them in jails along with hardened criminals. Department of Juvenile Welfare and Correctional Services was set up in Andhra Pradesh in 1990. They are given an assistance upto Rs. It has, therefore, been generally accepted that probation should only be confined to the cases of juveniles, first offenders and women offenders. Section 4 of the Probation of Offenders Act does not make supervision of a person released on probation mandatory when the court orders release of a person on probation on his entering into a bond with or without sureties. Power of court to release certain offenders after admonition.
This is not in accordance with the probation philosophy, which considers supervision essential in the interests of the offender, against corrective justice. It is advisable to have an independent Department of correctional Services on the pattern of the state of Gujarat at the national level to exclusively deal with rehabilitation of offenders, of which probation is one of the techniques. Recidivists have often proved a failure in the process of probation. Changes that could be brought about in the law are enumerated below. It reads as follows:- When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment fro 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. No distinction is made on ground of sex or age Any person not under 21 years of age, if convicted of an offence punishable with imprisonment for not more than 7 years or when any person under 21 years of age or any woman is convicted of an offence not punishable with death or imprisonment for life may be released on probation.
He may not ask for a pre-sentence report, may not put the offender under supervision. 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. It also provides for an After care programme which would take care of the delinquent child after he has been discharged from these homes, based on the report of the Probation Officer. Loans are offered for full and part-time study and short courses. The probation personnel ought to be specially trained so that they can discharge their duty as probation officer competently. Original As Enacted or Made :The original version of the legislation as it stood when it was enacted or made. Benefits of Probation Service It serves the needs of the probationer in the following manner: - Probation keeps the offender away from the criminal world.
The broad parameters laid down age of the offender, surrounding circumstances, nature of the offence, etc. This section applies only when no previous conviction is proved against the offender. Variation or discharge of the probationer is based solely on the report of the probation officer; this leaves the probationer at the mercy of the Probation Officer. People tend to conform to the label even when they didn't set out that way. Imprisonment decreases his capacity to readjust to the normal society after the release and association with professional delinquents often has undesired effects. The proviso to S 4 of the Act lays down that probation would be granted only after the offender or his surety, have fixed place of abode or regular occupation.