Concept Of Probation And Parole: A Critique


These are two of the most punctual projects inside the framework of the adjustment that deals with peaceful guilty parties. Prior to the advancement of these projects, the guilty parties would be set into indistinguishable offices from the various wrongdoers.

Probation: Concept and the distinguish between merits and demerits

Probation is a method of sending creative ideas through the psyche of guilty parties. It is likely the main phase of the remedial plan. The object of probation is to get reprobate far from insidious outcomes and offer him an open door that leads socially valuable existence without abusing the law and starting at all techniques for treatment is a definitive recovery of the guilty party in the network. Then again Parole has risen as one of the most adequate types of restorative gadgets in present-day penology. It has been all around perceived as one of the most suitable techniques for the treatment of guilty parties for their reorganization and restoration in ordinary society after the last discharge. It very well may be said that parole is the last phase of the remedial plan.

The term ‘probation’ is gotten from the Latin word ‘probare’ which signifies ‘to test’ or ‘to demonstrate’. Etymologically, probation signifies ‘demonstrate my value’. Probation is one of the measures which might be utilized by Courts as an improved type of non-custodial option instead of detainment. This restorative gadget is as a rule progressively utilized by the magistracy in present-day times. It focuses on the restoration of guilty parties by returning them to society during the time of management instead of sending them into an unnatural and socially undesirable climate of jails. The guilty party is permitted to stay in the network and create as an ordinary person in his own characteristic surroundings.[1]


Probation is additionally characterized “as the delay of definite judgment or sentence in a criminal case, allowing the wrongdoer a chance to improve his leadership and to rearrange himself to the network, frequently on condition forced by the court and under the direction or management of an official of the court.”[2] In India, probation is utilized as an institutional technique for treatment which is a fundamental member of the idea of wrongdoing and probation got legal acknowledgment without precedent for 1898 through Section 562 of the Code of Criminal Procedure, 1898 (presently Section 360 of Code of Criminal Procedure, 1973).

Probation is represented by the arrangements of Probation of Offenders Act, 1958. On account of Ramji Missar v. Territory of Bihar[3], it was held that the Probation of guilty parties Act accommodates the arrival of wrongdoers waiting on the post-trial process or after due reprimand and for issues associated therewith. The reason behind the sanctioning of this Act is to top change energetic guilty parties into difficult crooks because of their relationship with solidified criminals of developing age if there should arise an occurrence of young wrongdoers condemned to experience detainment in prison.

Here it is critical to talk about the extent of probation under arrangements of Section 360 of Cr.P.C., 1973 and under the Probation of Offenders Act, 1958. It is obvious from the instance of Chhanni v. Territory of U.P.[4], in which the Supreme Court held that the implementation Probation of Offenders Act, 1958 specifically region rejects the materialism of arrangements of Section 360 of the Code of Criminal Procedure, 1973 and the extent of Section 4 of the Probation of Offenders Act is a lot more extensive than Section 360 of the Code of Criminal Procedure which relates just to people not younger than 21 years, sentenced for offenses culpable with fine just or with detainment as long as 7 years, and any lady indicted for an offense not culpable with death or detainment forever.


Merits and Demerits of Probation

Following are the merits or advantages of probation: –

  1. It is most useful in the case of juvenile delinquents.
  2. It gives hope for the rehabilitation of the offender who has not committed the offense.
  3. Probation is a way of sending a good idea in the mind of offenders.
  4. It is helpful for both hardcore and youthful offenders.
  5. It helps in reducing the crowding in the jails.

Following are the demerits or disadvantages of probation: –

  1. The threat of further punishment should also be incurred in the mind of prisoners. Here there is no threat in the mind of a prisoner.
  2. It decreases the average penalty.

Parole: Concept and the distinguish between merits and demerits

Parole is a discharge from jail after a piece of the sentence has been served, the detainee despite everything conditions until released and obligated to come back to the foundation for infringement of any of these conditions. It helps in diminishing congestion in detainment facilities. As per Donald Taft, “Parole is a discharge from jail after a piece of the sentence has been served, the detainee despite everything staying in guardianship and under-expressed conditions until released and at risk to come back to the establishment for infringement of any of these conditions.[5]


According to J.L. Gillin, “Parole is the discharge from a reformatory or reformative organization, of a guilty party who stays heavily influenced by restorative specialists, trying to see if he is fit to live in the free society without supervision.[6]

The Supreme Court in Smt. Poonam Lata v. Wadhawan and Others,[7]has explained that parole is an award of fractional freedom or decreasing of limitations to a convicted detainee, yet discharge on parole doesn’t, in any capacity, change the status of the detainee.

On account of Avtar Singh v. Territory of Haryana,[8]]the Supreme Court held that as a rule, the demonstration of allowing parole is a regulatory activity and parole is a type of brief discharge from jail guardianship, which doesn’t suspend the sentence of the time of detainment, yet gives restrictive discharge from the jail and changes the method of experiencing the sentence.

The principal objectives of parole procedure as expressed in the Model Prison Manual seem to be: –

  1. To empower the detainee to keep up progression with his family life and manage family matters;
  2. To spare the detainee from the insidious impacts of nonstop jail life;
  3. To empower the detainee to hold fearlessness and dynamic enthusiasm forever.

In India, the award of Parole is to a great extent administered by the guidelines made under the Prison Act, 1894 and Prisoner Act, 1900. In parole, there is a Parole Board comprising parole overseers who are from among the decent citizenry. These individuals are relegated to the capacity of releasing sentenced detainees on parole after the cautious examination. They are playing out a semi-legal capacity.

Benefits and Demerits of Parole

Following are the benefits or points of interest of parole:-

  1. It creates trust among different detainees.
  2. When you have been discharged on parole, the assessment of the general public is liberal.
  3. Making sure about the family life of the parolee.
  4. It annihilates the overweight of the correctional facilities.
  5. It is likewise efficient to the State. The expense of consumption of parolee additionally diminishes.
  6. It makes dangers on the brain of the parolee to keep up a great lead in the general public.

Following are the bad marks or inconveniences of parole: –

  1. In the event that any carelessness in the choice of the parolee, it brings about genuine results.
  2. The Parole Board will undoubtedly follow up on the guide and exhortation of the prison authority.
  3. It isn’t fundamental that the detainees who are keeping up their great lead in the jails will keep up their great direction in the general public.
  4. Political impedance.
  5. Abuse and farfetched conduct by the general public makes him an obstacle in his character advancement.


Probation in which the guilty party is given a restrictive discharge under management before a custodial sentence yet parole is a contingent arrival of wrongdoers under oversight after a custodial sentence. As a rule, the motivation behind probation is to get reprobate far from insidious results and offer him an open door that leads socially valuable existence without abusing the law and starting at all strategies for treatment is a definitive recovery of the wrongdoer in the network.

It is hard to characterize parole as far as a solitary exact idea. It is a fundamental piece of the complete remedial procedure. One might say parole is a strategy for selectivity discharging guilty parties from foundations, under oversight in the network, whereby the network is managed proceeding with security while the wrongdoer is making his alteration and starting his commitment to society. Parole is conceded to a detainee under certain unique conditions. It is exposed to specific constraints and conditions forced by the discharging authority.

[1] Paranjape N.V. Prof., Criminology and Penology with Victimology, 16th Edition, Central Law Publications, Allahabad, 2014, p.573.


[2] Taft R. Donald, Criminology (4th Ed.) p.375

[3] AIR 1963 SC 1088.

[4] AIR 2006 SC 3051.


[5] Taft R.Donald, Criminology (4th Ed.) p.485.

[6] Gillin J.L., Criminology and Penology (3rd Ed.) p.339.

[7] AIR 1987 SC 1383.


[8] (2002) 2 SCC (Cri.) 504.

This Article is Authored by Sarthak Gupta, a law student at Institute of Law, Nirma University.

Also Read – What is Probation & Parole?


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