Central University of South Bihar: Labour and Industrial Law-1
Central University of South Bihar: Labour and Industrial Law-1
WRITE-UP
Parol And Probation
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.
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.
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.
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.
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.
The points stated below are relevant, so far as the difference between probation
and parole is concerned:
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.
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