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Role Of Probation In Reducing Recidivism In India




Samikhya Tripathy, Madhusudan Law University, Cuttack


ABSTRACT


In societies where growth is evident yet opportunities are unevenly distributed, crime inevitably embeds itself into its fabric. The persistent increase in new forms of criminality presents significant challenges for the criminal justice systems worldwide. Amidst the continuing discussions about punishment and reformation of offenders, there is a shift of ideology from subjecting offenders to a detrimental life in prison towards Reformation and Rehabilitation through means that could address the root causes of criminal behaviour to reduce Recidivism. Originally, rooted in the ideas of reclaiming young offenders into society and their rehabilitation, Probation today has emerged as an efficient mechanism to reduce re-offending and act as a pathway to strengthen the Restorative justice system. The implementation of Probation varies across different countries with regard to how it is organised and used to reintegrate the offenders.


To provide a comprehensive understanding, this paper explores the statutory frameworks, judicial interpretations to highlight the role of probation to control recidivism rates, some key gaps persisting in probation system in India and suggest some best practices to be opted through a model bill to enhance the effectiveness of Probation as a Reformative measure.


Keywords: Probation, Rehabilitation, Reformation, India, Recidivism, Restorative Justice System, Re-offending.



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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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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