NCJ Number
90700
Date Published
1981
Length
9 pages
Annotation
This paper discusses current legislation bearing upon the use of probation in India and considers how the relationship between the probation officer and the court might be improved to increase the use and effectiveness of probation.
Abstract
The Criminal Procedure Code and in more recent decades, the Children Acts and the Probation of Offenders Acts passed by State legislatures are the statutory landmarks for probation in India. These acts provide the basis for the relationship between the probation officer and the court. Legislation provdes a wider discretion for the courts in decisions pertaining to the use of probation. Whether or not judicial discretion is used to expand the use of probation and select appropriate persons for it depends greatly upon a constructive interaction between the courts and probation officers. If the court is to make wise decisions about which offenders to place on probation, it must rely upon probation officers' investigations into offenders' backgrounds and personalities. The quality of the report compiled by the probation officer is partly affected by the importance attached to it by the judge for whom it is prepared. If the judge relies heavily upon the information in the investigation report and recommendations offered by the report, then it is more likely that the report will be thorough. The officer should have direct access to the judge at mutually convenient times to exchange ideas on specific cases. During the period of probation, the judge should trust in the probation officer's discretion to exercise appropriate supervision and services. The officer should report to the court regularly on the probationer's progress. Further, the court under whose jurisdiction a probation officer serves should encourage inservice training for officers, and judges and officers should meet periodically to discuss the problems of probation and map strategies for improvement.