The origin of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed on adults and children alike for offenses that were not always of a serious nature. Sentences such as branding, flogging, mutilation, and execution were common. During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were minor offenses.
The Probation Act of 1925, signed by President Calvin Coolidge, provided for a probation system in the federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition or execution of sentence and place defendants on probation for such period and on such terms and conditions as they deemed best. The Act also authorized courts to appoint one or more persons to serve as probation officers without compensation and one salaried probation officer.
When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code
supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender.
mere continuation of service beyond the period of PROBATION does not amount to confirmation unless it was so specifically provided. The other line, though in very few cases, but, has been taken by this Court is that where there is provision in the Rules for initial PROBATION and extension thereof, a maximum period of such extension is also provided beyond which it is not permissible to extend PROBATION.
Under Probation of Offenders Act, 1958 The probation officer is the bridge between the Court and the offender to whom benefit of the Act can be extended. As per Section 15 every Probation Officer is […]