CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW & GOVERNANCE

Labour and Industrial Law-1

WRITE-UP
Parol And Probation

Under the Supervision of: - Dr.

(Assistant Professor, School of Law & Governance)

Submitted By: - Anjali Ananta

B.A. LL.B. (H.) 8th Semester

CUSB
The term probation and parole are the two alternatives to the incarceration,
wherein the conduct of the offender is supervised according to the
law. Probation can be understood as a penalty imposed by the court in which
the criminal offender is not detained but allowed to remain in the community,
on the promise of good behaviour, subject to the supervision of the probation
officer.

In contrast, parole, or otherwise called as supervised release, is one in which

the inmate is released from the jail either temporarily or permanently, before the
completion of sentence, subject to good behaviour.

While studying criminal law, it is important to stay aware of these two concepts
and their difference as well, So, here in this article, we’ve simplified the
difference between probation and parole.

Definition of Parole

By the term, parole is meant the grant of release to the convict, only when he
has served a part of his punishment in jail.

In this, the prisoner is temporarily or permanently released from the jail, subject
to the conditions set forth by the parole board. These conditions ensure the
safety of the members of the society include appearing before the parole officer
whenever needed, obeying the law, restriction on the consumption of alcohol or
drugs, avoiding contact with certain people, restriction on leaving the specified
geographical area without the permission of the officer, getting employment and
so forth.

While on parole, the convicts are not considered as free from their sentence,
rather they have to serve the community and rehabilitate themselves and comply
with the rules specified, or else they will be sent back to jail on the grounds of
the original sentence.

Definition of Probation

Probation can be defined as the release of the offender, from police custody,
subject to the good behaviour of the convicted offender under specific
conditions. It is considered as the supervision period, in which the offender has
to follow certain rules prescribed by the court, under the supervision of the
probation officer.

A person is granted probation when he is found guilty for commission of an

offence, in which the accused is not sent to jail rather he is allowed to stay in the
community, provided that he adopts ethical conduct and not commit any crime
in future, or else he will be sent to jail.

The condition of probation differs regarding the accused and the criminal
offence, which encompasses community service, fines, reporting to a
probationary officer, restriction on consumption of drugs and alcohol,
counselling, jail time and so forth.

Probation is a way of sending good idea in the mind of offenders. It is probably

the first stage of the correctional scheme. The object of probation is to keep
delinquent away from evil consequences and offer him an opportunity leads
socially useful life without violating the law and as of all methods of treatment
is the ultimate rehabilitation of the offender in the community. On the other
hand Parole has emerged as one of the most acceptable form of correctional
device in modern penology. It has been universally recognized as one of the
most appropriate methods of treatment of offenders for their reformation and
rehabilitation in the normal society after the final release.  It can be said that
parole is the last stage of correctional scheme.

PROBATION: MEANING, MERIT AND DEMERITS

The term ‘probation’ is derived from the Latin word ‘probare’ which means ‘to
test’ or ‘to prove’. Etymologically, probation means ‘I prove my worth’.
Probation is one of the measures which may be used by Courts as an improved
form of non-custodial alternative in place of incarceration. This correctional
device is being increasingly used by the magistracy in modern times. It aims at
rehabilitation of offenders by returning them to society during the period of
supervision rather than sending them into an unnatural and socially unhealthy
atmosphere of prisons. The offender is allowed to remain in the community and
develop as a normal human being in his own natural surroundings. Probation is
also defined “as the postponement of final judgment or sentence in a criminal
case, giving the offender an opportunity to improve his conduct and to readjust
himself to the community, often on condition imposed by the court and under
the guidance or supervision of an officer of the court.

In India, probation is used as an institutional method of treatment which is a

necessary appendage of the concept of crime and probation received statutory
recognition for the first time in 1898 through Section 562 of the Code of
Criminal Procedure, 1898 (now Section 360 of Code of Criminal Procedure,
1973).

Probation is governed by the provisions of Probation of Offenders Act, 1958. In

the case of Ramji Missar v. State of Bihar it was held that the Probation of
offenders Act provides for the release of offenders on probation or after due
admonition and for matters connected therewith. The purpose behind the
enactment of this Act is to top conversion of youthful offenders into stubborn
criminals as a result of their association with hardened criminal of mature age in
case of youthful offenders are sentenced to  undergo imprisonment in jail.

Here it is important to discuss the scope of probation under provisions of

Section 360 of Cr.P.C., 1973 and under the Probation of Offenders Act, 1958. It
is clear from the case of Chhanni v. State of U.P., in which the Supreme Court
held that the enforcement Probation of Offenders Act, 1958 in particular area
excludes the applicability of provisions of Section 360 of the Code of Criminal
Procedure, 1973 and the scope of Section 4 of the Probation of Offenders Act is
much wider than Section 360 of the Code of Criminal Procedure which relates
only to persons not under the age of 21 years, convicted for offences punishable
with fine only or with imprisonment up to 7 years, and any woman convicted of
an offence not punishable with death or imprisonment for life .

Merits and Demerits of Probation

Following are the merits or advantages of probation:-

 It is most useful in the case of juvenile delinquents.

 It gives hope for the rehabilitation of the offender who has not committed
the offence.
 Probation is a way of sending good idea in the mind of offenders.
 It is helpful for both hardcore and youthful offenders.
 It helps in reducing the crowding in the jails.

Following are the demerits or disadvantages of probation:-

 The threat of further punishment should also be incurred in the mind of

prisoners. Here there is no threat in the mind of prisoner.
 It decreases the average penalty.

PAROLE: MEANING, MERITS AND DEMERITS

Parole is a release from prison after part of the sentence has been served, the
prisoner still conditions until discharged and liable to return to the institution for
violation of any of these conditions. It helps in reducing over-crowding in
prisons.  According to Donald Taft, “Parole is a release from prison after part of
the sentence has been served, the prisoner still remaining in custody and under
stated conditions until discharged and liable to return to the institution for
violation of any of these conditions. According to J.L. Gillin, “Parole is the
release from a penal or reformative institution, of an offender who remains
under the control of correctional authorities, in an attempt to find out whether he
is fit to live in the free society without supervision.

The Supreme Court in Smt. Poonam Lata v. Wadhawan & Others,has

clarified that parole is a grant of partial liberty or lessening of restrictions to a
convict prisoner, but release on parole does not, in any way, change the status of
the prisoner.

In the case of Avtar Singh v. State of Haryana, the Supreme Court held that
generally speaking, the act of granting parole is an administrative action and
parole is a form of temporary release from prison custody, which does not
suspend the sentence of the period of detention, but provides conditional release
from the prison and changes the mode of undergoing the sentence.

The main objectives of parole technique as stated in the Model Prison Manual
are:-

 To enable the inmate to maintain continuity with his family life and deal
with family matters;
 To save the inmate from the evil effects of continuous prison life;
 To enable the inmate to retain self-confidence and active interest in life.

In India, the grant of Parole is largely governed by the rules made under the
Prison Act, 1894 and Prisoner Act, 1900. In parole there is a Parole Board
consists of parole administrators who are from among the respectable members
of society. These members are assigned the function of discharging convicted
prisoners on parole after careful scrutiny. They are performing a quasi-judicial
function.

Merits and Demerits of Parole

Following are the merits or advantages of parole:-

 It creates hopes among other prisoners.

 Once you have been released on parole, there is the opinion of the society
is liberal.
 Securing family life of the parolee.
 It eradicate over burden of the jails.
 It is also economical to the State. The cost of expenditure of parolee also
decreases.
 It creates threats on the mind of the parolee to maintain good conduct in
the society.
Following are the demerits or disadvantages of parole:-

 If any negligence in the selection of the parolee, it results in serious

consequences.
 Parole Board is bound to act on the aid and advice of the jail authority.
 It is not necessary that the prisoners who are maintaining their good
conduct in the prisons will maintain their good conduct in the society.
 Political interference.
 Ill-treatment and doubtful behaviour by the society makes him
impediment in his character development.

COMPARISON/DISTINCTION BETWEEN PROBATION AND

PAROLE

Probation and parole can be differentiated on the following grounds:-

 Historical Evolution:- The system of probation owes its origin to John

Augustus of Boston (U.S.A.) around 1841 whereas the system of parole
came into existence much later somewhere around 1900.
 Punitive Reaction:- In probation, there is no punitive reaction to the
crime. It is purely a treatment of offender. But in parole, the punitive
reaction to the crime is present. Few part of sentence is served i.e.
punitive.
 Nature:- Probation is judicial in nature whereas parole is quasi-judicial in
nature and civilized or respected members of society constitute Parole
Board.
 Sentence:- In probation, no such formal penalty is imposed, if imposed is
not executed. But parole is granted after serving a part of sentence in
prison.
 Substitute for Punishment:- Probation is granted as a substitute of the
punishment. But parole is granted after completing a part of sentence.
 Punishment and Treatment:- Probation is only a treatment in which the
sentence is suspended. But parole implies both punishment and treatment.
 Stage:- Probation is probably the first stage of correctional scheme
whereas parole is the last stage of correctional scheme.
 Stigma or Disqualification:- No stigma in case of probation because use
no sentence whereas a prisoner released on parole suffers stigmatization
as a convicted criminal in the society.
Key Difference Between Probation and Parole

The points stated below are relevant, so far as the difference between probation
and parole is concerned:

1. Probation refers to the sentence given to the criminals, in which they

remain out of prison, under the supervision of an officer and follows the
rules set forth by the court. Parole connotes the before time release of the
inmate, on the condition that the inmate will be under the supervision of
the authority and detention will be resumed upon the non-compliance of
conditions specified.
2. Probation is granted by the judge instead of the imprisonment, whereas
parole is nothing but a form of conditional release from the prison.
3. The decision of probation of an accused or suspect is taken by the court.
Unlike, the parole board takes the decision regarding parole of a prisoner.
4. The probation is granted to the accused before incarceration, i.e. in spite
of directly sending the accused to the jail, they are given a chance to
rehabilitate themselves, through this process. On the other extreme,
parole is allowed after the offender has completed a specified portion of
their sentence term in prison.
5. Probation is awarded to those person’s who have no prior criminal record
so far and also for the crimes that do not involve violence. As against,
parole is allowed to those criminals which are already in jail, and also
available to serious offenders, who pursue good conduct, during the term
of their sentence.
6. A person who is granted probation, reports to the probation officer,
however, failure in reporting to the appropriate authority may lead to
resentencing to jail, for a particular period. Conversely, the offender
under parole has to report to the parole officer, but in case if the accused
defaults in reporting without reasonable cause, the offender is sent back
to the jail on the grounds of the original sentence.

Purpose and benefits

Parole provides prisoners with a structured, supported and supervised transition

so that they can adjust from prison back into the community, rather than
returning straight to the community at the end of their sentence without
supervision or support. By supporting prisoners to return to the community
under supervision toward the end of their sentence, parole’s main purpose is to
increase community safety. 

Prison is a very structured and controlled environment: it is very different to life

in the community. Many prisoners have been removed from the community for
a long time and returning to the community can be challenging and difficult for
them.

Prisoners who are straight released at the end of their sentence will return to the
community without the supervision and support offered by parole. This may
increase the risk of reoffending compared to release with supervision on parole.

A prisoner on parole will be subject to conditions that are designed to minimise

their risk of reoffending, to protect the community, and to support the prisoner.
Prisoners must abide by the conditions of their parole order, and are closely
monitored by the Adult Parole Board and Corrections Victoria through their
parole period.

While on parole, the prisoner remains under sentence. At any time during the
parole period, the Board may cancel the prisoner’s parole if it is concerned
about the risk to community safety, and return the prisoner to prison. 

The principles and practices of parole have developed internationally for over a
century to manage the transition from prison to life in the community in a way
that reduces the risk to the community.

Conclusion

Probation in which the offender is given a conditional release under supervision

before a custodial sentence but parole is a conditional release of offenders under
supervision after a custodial sentence. Generally speaking that the purpose of
probation is to keep delinquent away from evil consequences and offer him an
opportunity leads socially useful life without violating the law and as of all
methods of treatment is the ultimate rehabilitation of the offender in the
community.

It is difficult to define parole in terms of a single precise concept. It is an

integral part of the total correctional process. In a sense parole is a method of
selectivity releasing offenders from institutions, under supervision in the
community, whereby the community is afforded continuing protection while the
offender is making his adjustment and beginning his contribution to society.
Parole is granted to a prisoner under certain special circumstances. It is
subjected to certain limitations and conditions imposed by the releasing
authority
By and large, probation and parole share many similar aspects but are not one
and the same thing as probation is for those offenders who do not have any
previous criminal record, whereas parole is for those convicts who are serving
detention due to a serious crime committed by them, but pursues good
behaviour and follows the rules of jail properly. So, for that, they are awarded
parole.