NCJ Number
84221
Journal
Social Defence Volume: 17 Issue: 65 Dated: (July 1981) Pages: 6-19
Date Published
1981
Length
14 pages
Annotation
This analysis of the role of presentence reports in India's judicial system addresses their content, time of submission, confidentiality, and circumstances mandating such studies.
Abstract
Under Indian law, presentence reports are linked with the probation system through the 1958 Probation of Offenders Act, the 1960 Children Act, and similar State laws. This article first discusses the need for complete and accurate information in the presentence reports, but notes that probation officers' reports are often very sketchy and of little value. A presentence report may be submitted before or after the conviction has been recorded, and the Probation of Offenders Act states that such studies can be used only after the accused is found guilty. For greater efficiency, the courts should establish a time period between conviction and sentence for the preparation of a presentence report. Confidentiality of the presentence report has been debated widely in the United States. Indian law permits limited disclosure of the report at the court's discretion, but many critics feel that full disclosure should be allowed to the offender and the prosecution. The Probation of Offenders Act mandates a presentence report when an offender under 21 years old is found guilty of a crime punishable with imprisonment. However, court rulings have clearly established that the probation officer's report is not a precondition for releasing an offender under 21 years on probation. U.S. and English courts have become increasingly aware of the presentence report's importance and use them far more than Indian costs. India should expand its inadequate probation officer system and make presentence reports available to courts trying first offenders. References are included.