Probation
Probation is suspension of sentence of an offender on certain conditions with permission to remain in the community, subject to the control of the courts, and under the supervision and guidance of a probation officer.
Thus, probation involves: (i) the withholding of imprisonment of the convicted offender, (ii) conditional release, (iii) permission to live in the community, and (iv) supervision of an agent of the court. This definition points out six elements of probation:
- The offence has been proved in the courts and has been found worth punishment.
- Imposition of punishment is postponed for a specific period.
- The offender is given one more chance to prove that he can live as a law-abiding member of society.
- Imposition of conditions by the courts indicates that he is still under their control.
- The offender is generally kept under the supervision of a probation officer.
The measure aims at not punishing but reforming and rehabilitating the offender.
The suspension of sentence may involve either suspension of the position of sentence or suspension of the execution of sentence. In some countries, the ‘execution’ is suspended; however, in India, the imposition’ itself is suspended.
Which means that on revoking probation (on violating the conditions of release), the court is in a position to impose any sentence on him (probationer) for the original offence he had committed (and not for violating the conditions).
Many courts, after suspending sentence, release the offender without supervision in the community. Some scholars believe that release without supervision is not probation because the purpose of probation is to provide assistance to the offender in his efforts to adjust himself in the community, and that assistance can be provided only by a probation officer.
