Gayatri Pooja, B.A.LLB (Hons.), University of Petroleum and Energy Studies
ABSTRACT
'Parole' is defined in Black's Law Dictionary as "a conditional release of a prisoner, generally under supervision of a parole officer, who has served part of the term for which he was sentenced to prison". Parole relates to executive action. Historically, 'parole' is a concept known to military law and denotes release of a prisoner of war on promise to return.
However, the concept of parole under the English law, the American law and the Indian law is quite different. Under the Indian system a convict can be released on parole only in case of the contingencies mentioned in the code. “It is a temporary release granted on account of contingency and after the period of parole is over the convict has to report back to prison to undergo the remaining part of his sentence”.
Probation is an alternative to a prison. It is suspension of sentence of an offender by the court and releasing him on certain conditions to live in the community with or without the supervision of a probation officer. The system was introduced in India in 1958 by passing the Central Probation of Offenders Act. Both the Act and S.360 of the Code exclude the application of the Code where the Act is applied. The Code also gives way to state legislation wherever they have been enacted.
The project therefore will consist of the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The criminal justice system is essentially an instrument of social control: society considers some behaviors so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. Henceforth, the project will deal with the victomology as it is the job of the agencies of justice to punish transgressors or deterring their future occurrence. Only the criminal justice system has the power to control crime and punish criminals.
