NCJ Number
79059
Journal
Social Defence Volume: 16 Issue: 61 Dated: (July 1980) Pages: 33-39
Date Published
1980
Length
7 pages
Annotation
This Indian paper explains the philosophy of probation as treatment, reviews the provisions of the 1958 Probation of Offenders Act, and contrasts the theory with the practice of probation in the Indian State of Punjab.
Abstract
The conclusions presented here are based on an examination of 7,400 files of decided criminal cases. The concept of probation, defined by citing a variety of authorities, including the United Nations Department of Social Affairs, is not leniency, but rather treatment under the supervision of a probation officer. The Indian law allows courts to impose probation under consideration of the circumstances of the case -- specifically the nature of the offense and the character of the offender. The records show that out of 7,400 convictions, only 1,113 persons were allowed probation and of these, only 25 were placed on probation on grounds prescribed in the guidelines of the law. Of those allowed probation, 89 percent confessed at the earliest stage of the proceedings, indicating that probation was used in these cases as a form of leniency by the courts. Only 6.5 percent of the offenders released on probation were assigned the supervision of a probation officer. Since the law does not mandate probation under supervision, it is suggested that it be amended to do so. Other recommendations urge that courts not encourage confession as a means to release, that they mention the circumstances on which probation decisions are based, and that probation officers' presentence investigation reports be more frequently used, especially for offenders under 21 years of age. One table and nine references are given.