The Probation of Offenders Act – A Downplayed Enactment

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By Archana Pandey from Jamnalal Bajaj School of Legal Studies Banasthali Vidyapith, Rajasthan

Introduction

India is a democratic and republic country which means the country will govern bye laws and order on there will be a separation of power among the different powerful heads of the country. There are three statutory bodies Indian democracy describe as executive, legislature and judiciary. The entire three have they work specified in fields. The legislature has to form the laws and policies the executive has to implement that policies law and order and that Las the judiciary came into force which as a work to maintain law and order and provide relief to the injured party if their rights are infringed. The judiciary has a work to punish the wrongdoer either with imprisonment of fine or booth. There is a concept the legal framework of India in favor of wrongdoer or the offender. The concept named as the probation.

There are two provisions that are followed by Crime Courses or in Indian Penal Code, one is in the form of civil wrong and other is in the form of criminal wrong. In a civil wrong a particular wrong done by the person is only affects the victim and so he is responsible to file any suit against the wrongdoer to get remedies. But in Criminal Wrong the crime done by the offender will affect whole society so the state takes an initiative to be the defendant in that case and the criminal will be imprisoned by the respective judicial system.

 Probation can be defined a system which allows a person or an offender not to you go to prison is in spite of it he must have to be presenting front of the Probation officer. The person who has committed any offence hand also gets punished by the court for imprisonment although he will be saved from being prisoner. The Moto of giving probation of offenders is there it is given to the person’s of the developing age group whose minds are changing with the change in the society.

As you know everything has its two concepts which are negative and positive. In reference of the Probation, it has both positive and negative impact on the society, victims and the offenders. As if a person commits any offence it is totally affects all spheres of the world in form of society as a whole, victim who has suffered from that crime and lastly the person who commits that offence either intentionally or unintentionally by them.

Effects on the Victim

A person or state files any suit against the wrongdoer to have a justice in place of the crime done by the wrongdoer. The victim is a part of all the court process, attend proceedings and provide input before and at sentencing. In this when the offender get probation by the court the offender has to pay some course of amount to the victim. And the offenders who show a better behavior in the course of his time then the court will release that person from his imprisonment. But it veins the efforts of victim and their hope to seek justice. There is a question mark arise on the justice demand and seek redressed.

Effects on Offender

Probation is given to the offenders who have not committed any intense offence as described under the legal provisions to give an alternative incarnation. The offender is permitted to live with his family and the society. He or she is not separated from common livelihood is not get imprisoned. This opportunity is given to them so that they can transform there for process able to understand the meaning of the crime that has done by them and the effect of that particular crime of society and on them self also. This also some criminals have changed their life and mind set from the wrong ideas inculcate mind to a positive and informative perspectives. What some of them even not get changed by this new probation even though they started to find other ways to perform those specific crimes? This was also helpful who the victim has he will be able to pay restitution to him while out of the prison.

Effect on the Society

Society is the basic and important structure of any country as it contains each and every people of that nation or world. Any crime which even affected the victim crime but it also has a negative impact on the society. A sense of fear has been arrived among the society. When the probation given to any offender mainly it has two basic effects on the society. One group of a society things it has an opportunity is when this saw the person has not been punished for the crime is other persons also influenced to do crime. The other group of the society believes that if a person pursuing good behavior then he or she must have to get a chance to improve their guilt by giving them a way to live a new life with a new face in the society.

Purpose of Correction

Correction gives a person a flame to work more smoothly and in good faith. When a person finds that there is a possibility to change his or her crime is there are so many times which are not dun international to harm a person but just to have some entertainment in their life. For Example, ragging in schools, colleges don’t mean to harm other person which leads to their death but senior basically does so just to have fun with their batch mates but some time that ragging amounts to the death of that individual.

The concept of men’s Ria is very important the field of crime. As the Moto behind any illegal or informal work is necessary for crime to be understood because it gives us the basic idea whether the accused has performed any wrong or not.

Conclusion

When any law formed by the statutes of India then in such a diversified country where there are people of different community, culture and mindset, sometime it is very difficult to be stand on everyone’s believes. When the concept of   Probation to Offenders came in existence in the society, there are so many belief and own concept of understanding for the concept in everyone’s mind. It can be said that as every concept, Probation can be considered as a good concept as there are so many criminals who have regret on their crime and they wants to live their life with a new concept so it is better to give a chance to them to use their energy and mind in good perspective. Although it is also be noticed that those criminals who have a false intention must not have to be get free by the law as must have to be looked after their work and compilation in the society for further cut down of crime in the society.

References

www.legalbaegle.com

www.shodhganga.inflibnet.ac.in

www.criminal.findlaw.com

www.latestlaws.com

www.lawctopus.com

www.cambridge.com

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