Probation Law In India: Analytical Study And The Way Forward





Shivansh Jain, NMIMS School of Law


ABSTRACT


Probation, as a concept is fairly unknown and misunderstood. The entire practice involves the cooperation of not only the legal authorities, but of the convict as well. Without his active participation, the entire process is in vain. The key basic behind this practice is the improvement of the society and not the punishment of the criminal. However, probation cannot be granted to each and every convict, there are certain criterions laid down in the concerned legal provisions to segregate the gullible convicts from hardened criminals. This paper aims to study the relationship between the two prominent provisions dealing with probation in India, the Section 360 of the CrPC and the Probation of Offenders Act, 1958.

Purpose: This topic has been chosen for the purpose of this study to eliminate any existing ambiguity which might be there due to there being two similar provisions for the same issue. Both of the aforesaid provisions are central legislations, and have a nationwide application. However, the application of the Probation of Offenders Act eliminates the scope of the Section 360 of the CrPC, 1973. This would be studied in detail.


Keywords: probation, reformative theory of punishment, justice administration, probationer, release on good conduct.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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