Probation and parole are both ways to keep people out of jail while giving them a chance to improve and fit back into society. These programs understand that some offenders can be watched and helped while living in the community instead of being locked up for their whole sentence.
Probation is often given as part of a criminal sentence, letting someone serve their punishment under supervision in the community instead of in jail. Parole, on the other hand, is when a person is released from prison before finishing their sentence, but with certain rules and supervision.
Keep reading this blog to better understand the concept of probation and parole in India.
What is Probation?
The word "probation" comes from the Latin word "probate," which means "to test" or "to prove." Probation is a type of punishment that doesn't involve going to jail. Instead of being locked up, someone might be allowed to live in the community under the supervision of probation officers if going to prison isn't in their best interest.
In India, probation is governed by the Probation of Offenders Act of 1958 and the Code of Criminal Procedure (CrPC) of 1973. Provision for Probation is covered under Sections 360 and 361 of the CrPC. The Probation of Offenders Act, passed in 1958, includes additional measures not covered by the CrPC. These sections do not affect the legality of the Probation of Offenders Act, the Children Act of 1960, or any other similar laws.
Probation for Good Behavior
Section 360(1) of the Code of Criminal Procedure talks about probation. It says that if:
- Someone over 21 years old is convicted of a crime with a punishment of seven years in jail or a fine or
- Someone under 21 years old or a woman is convicted of a non-life imprisonment or death penalty crime for the first time,
- When they come before the court, the court can let them go if they promise to behave well. They have to sign a bond, with or without someone to vouch for them, saying they will serve their sentence if the court asks during a set time.
You should know the Theories and types of punishment in India. Read the article.
What is Parole?
The word "parole" comes from the phrase "I give my word." Like probation, parole aims to give offenders a second chance. However, parole is only available to those already serving jail sentences. In India, the Prisons Act of 1894 and the Prisoners Act of 1900 outline parole requirements. While state governments can create their own rules, there is no single system for parole laws across India, so the criteria vary slightly by state. Certain offenders are not eligible for parole, such as:
- Those who do not live in India.
- Those found guilty of crimes that threaten national security.
- Those found guilty of state offences.
- Those who break jail discipline regulations.
Process of getting Parole
When someone applies for parole, the jail's head usually asks the police station that arrested them for a report. This report, along with all the needed papers to support the parole request and the jail head's recommendation, goes to the Deputy Secretary of Home Affairs in the state government. They decide if the person should get parole or not.
In some states, these papers go to the Prison Inspector General first, who then sends them to the District Magistrate. The District Magistrate, after talking to the state government, decides if parole should be granted.
Difference between Probation and Parole:
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Criteria
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Probation
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Parole
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Definition
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Offenders are released into the community under supervision rather than sending them to jail.
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Early release from prison for an inmate before the conclusion of their jail term, with certain conditions to follow.
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Governing Law
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Governed under the Code of Criminal Procedure (CrPC) and the Probation of Offenders Act.
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No uniform act or concrete set of rules; state governments have the power to issue their own rules and guidelines.
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Decision Authority
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The court makes the decision to grant probation.
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Parole boards or prison authorities make the decision to grant parole.
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Timing
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Granted before serving a term of imprisonment.
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Granted after serving a part of the imprisonment term.
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Nature
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Alternative to imprisonment.
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Conditional release during imprisonment.
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Judicial Aspect
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Judicial decision.
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Quasi-judicial decision.
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Eligibility
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Granted to offenders before any term of imprisonment is served.
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Granted to offenders after serving some time in prison.
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Violation Consequence
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Violating probation leads to conviction and sentencing to jail for a specific time.
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Violating parole leads to the offender being sent back to prison to resume their previous sentence.
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Purpose
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Aims at rehabilitation from the start.
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Follows a period of punishment, aiming at reintegration.
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Social Stigma
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Less stigma as the offender does not serve prison time.
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More stigma as the offender has served prison time and is re-entering society.
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Definition
|
Offenders are released into the community under supervision instead of being imprisoned.
|
Early release from prison for an inmate before the conclusion of their jail term, with certain conditions to follow.
|
|
Governing Law
|
Governed under the Code of Criminal Procedure (CrPC) and the Probation of Offenders Act.
|
No uniform act or concrete set of rules; state governments have the power to issue their own rules and guidelines.
|
|
Decision Authority
|
The court makes the decision to grant probation.
|
Parole boards or prison authorities make the decision to grant parole.
|
|
Timing
|
Granted before serving a term of imprisonment.
|
Granted after serving a part of the imprisonment term.
|
|
Nature
|
Alternative to imprisonment.
|
Conditional release during imprisonment.
|
|
Judicial Aspect
|
Judicial decision.
|
Quasi-judicial decision.
|
|
Eligibility
|
Granted to offenders before any term of imprisonment is served.
|
Granted to offenders after serving some time in prison.
|
|
Violation Consequence
|
Violating probation leads to conviction and sentencing to jail for a specific time.
|
Violating parole leads to the offender being sent back to prison to resume their previous sentence.
|
|
Purpose
|
Aims at rehabilitation from the start.
|
Follows a period of punishment, aiming at reintegration.
|
|
Social Stigma
|
Less stigma as the offender does not serve prison time.
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More stigma as the offender has served prison time and is re-entering society.
|
Probation: Merits and Demerits
Merits:
- It helps prevent first-time offenders from being influenced by hardened criminals in jail.
- It protects and helps young offenders improve their behaviour.
- It reduces overcrowding in jails.
- It gives offenders a second chance to live a normal life and contribute to society.
Demerits:
- It allows some offenders to avoid full punishment by the law.
- It may send the wrong message to potential criminals that they can escape severe consequences.
Parole: Merits and Demerits
Merits:
- Helps inmates stay in touch with family and community.
- Allows participation in family matters and personal growth.
- Provides temporary relief from prison hardships.
- Supports prisoner rehabilitation and change.
- Encourages good behaviour in prison.
Demerits:
- Good behaviour in prison doesn't guarantee good behaviour after release.
- Risk of political influence, making parole easier for privileged inmates with connections.
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Conclusion
To sum up, both parole and probation are ways to help criminals improve and change within India's justice system, even though they're not guaranteed rights. They aim to lessen the bad effects of jail on convicts and lessen the influence of serious criminals on others in jail. However, some might think the system is too easy on criminals, which could encourage more bad behaviour.