probation
Probation is a reformative alternative to imprisonment ordered by the court after conviction. Under the Probation of Offenders Act, 1958, the court may release an offender after admonition for certain minor offences (section 3) or on probation of good conduct, with or without supervision by a probation officer (section 4), having regard to the offence, his character and antecedents. Section 6 restricts imprisonment of offenders under 21 for offences not punishable with life imprisonment.
It is not available for offences punishable with death or life imprisonment. A person released on probation does not suffer disqualification attached to conviction (section 12). Do not confuse it with parole, which is temporary release of a prisoner already serving a sentence.
Example
Since the young first offender's crime was minor, the court released him on probation of good conduct for one year instead of sending him to prison.
In Indian law
- ss.3, 4 and 6, Probation of Offenders Act, 1958
- s.401 BNSS (old s.360 CrPC): release on probation of good conduct or after admonition
See also
parole · sentence · theories of punishment · restorative justice
Read more in the study notes
- Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
- Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)
- Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
- Judgment: pronouncement, contents and orders after conviction (Bharatiya Nagarik Suraksha Sanhita)
- Juvenile Justice Act, 2015: salient features and the Juvenile Justice Board (Bharatiya Nagarik Suraksha Sanhita)
- Juvenile Justice Act: procedure for children in conflict with law (Bharatiya Nagarik Suraksha Sanhita)