Essay on Enactments regarding the Probation System in India!
Besides the Probation of Offenders Act, 1958, the provisions of Sections 360 and 27 of the Code of Criminal Procedure, 1973 and the Juvenile Justice (Care and Protection of Children) Act, 2000 also provide for the release of certain offenders on probation. These provisions may briefly be stated as follows:
(i) Section 360 of the Code of Criminal Procedure, 1973, provides the rationale of protection which is extended to young offenders under the Indian law.
ADVERTISEMENTS:
Firstly, the section excludes certain types of offences (for which draconic punishment is provided) from the purview of the Probation of Offenders Act, 1958.
Secondly, the section prescribes certain age-limit for offenders to be admitted for release on probation; and
Thirdly, the section explicitly provides that probation applies only to the first offenders. It is thus evident that the law suggests a selective application of the probation service to only those offenders who are likely to respond favourably to the rehabilitative processes.
(ii) Section 27 of the Code of Criminal Procedure, 1973, provides that any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court, is under the age of sixteen years, may be tried by the court of a Judicial Magistrate or by any Court specially empowered or any other law for the time being in force providing for the treatment, training or rehabilitation of youthful offenders. It must be noted that the age-limit of a juvenile was raised from 15 to 16 years to avoid inconsistency with the provisions of law contained in the earlier Children Act, 1960 and it is now 18 years under the Juvenile Justice (Care & Protection of Children) Act of 2000.
ADVERTISEMENTS:
(iii) The Juvenile Justice (Care and Protection of Children) Act, 2000 enunciates the measures for custody and control of destitute and neglected children and also provides for the protection and treatment of delinquent children in need of care and protection as also the children who are uncontrollable and victims of one or the other offence. The Act lays down precisely the procedure to be adopted by the Juvenile Court with regard to investigation and trial of juveniles.
(iv) The Juvenile Justice (Care and Protection of Children) Act, 2000 which came into force with effect from December 30, 2000 and extends to whole of India excepting the State of Jammu & Kashmir, further provides for the release of children who have committed offences, on probation of good conduct and placing them under the care of their parents or guardians or other fit persons executing a bond, with or without sureties to be responsible for good behaviour and well being of the juvenile for any period not exceeding three years. Before allowing a child on probation, the Juvenile Justice Board may make suitable enquiries.