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Title: IMPLEMENTATION OF PROBATION OF OFFENDERS ACT (1958) IN TAMIL NADU: A CRITICAL STUDY
Authors: Dr. Rengasamy Stalin, Prof. Dr. S. Karunanidhi
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1Dr. Rengasamy Stalin, 2Prof. Dr. S. Karunanidhi 1Assistant Professor, Symbiosis Law School - Hyderabad, Symbiosis International (Deemed University), Pune, Maharashtra, INDIA, Website: https://www.slsh.edu.in/ 2Professor & Head, Department of Psychology, Principal Investigator, Research Chair on Prisons and Rehabilitation of Prisoners sanctioned by Government of Tamil Nadu, University of Madras, Chepauk, Tamil Nadu, INDIA
MLA 8 Stalin, Dr. Rengasamy, and Prof. Dr. S. Karunanidhi. "IMPLEMENTATION OF PROBATION OF OFFENDERS ACT (1958) IN TAMIL NADU: A CRITICAL STUDY." Int. j. of Social Science and Economic Research, vol. 3, no. 4, Apr. 2018, pp. 1401-1410, ijsser.org/more2018.php?id=98. Accessed 2018. APA Stalin, D., & Karunanidhi, P. (2018, April). IMPLEMENTATION OF PROBATION OF OFFENDERS ACT (1958) IN TAMIL NADU: A CRITICAL STUDY. Int. j. of Social Science and Economic Research, 3(4), 1401-1410. Retrieved from ijsser.org/more2018.php?id=98 Chicago Stalin, Dr. Rengasamy, and Prof. Dr. S. Karunanidhi. "IMPLEMENTATION OF PROBATION OF OFFENDERS ACT (1958) IN TAMIL NADU: A CRITICAL STUDY." Int. j. of Social Science and Economic Research 3, no. 4 (April 2018), 1401-1410. Accessed , 2018. ijsser.org/more2018.php?id=98.
References [1]. Andrews, D., Bonta, J., & Wormith, J. (2006). The Recent Past and Near Future of Risk and/or Need Assessment. Crime & Delinquency, 52(1), 7-27. http://dx.doi.org/10.1177/001112870 5281756 [2]. Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI),.(2004). ANNUAL REPORT FOR 2003. Tokyo: UNAFEI. Retrieved from http://www.unafei.or.jp/english/pdf/RS_No63/No63_00All.pdf [3]. Bailey, V., & Garland, D. (1986). Punishment and Welfare: A History of Penal Strategies. The American Historical Review, 91(4), 925. http://dx.doi.org/10.2307/1873383 [4]. Bangladesh Legal Aid and Services Trust (BLAST) and Penal Reform International (PRI),.(2013). Development and Use of the Probation System in Bangladesh. Dhaka: Bangladesh Legal Aid and Services Trust (BLAST) and Penal Reform International (PRI). Retrieved from https://www.penalreform.org/wp-content/uploads/2014/04/PRIBLAST-Probation-Report-13Mar2014-FINAL.pdf [5]. Clegg, R. (1964). Probation and parole;: Principles and practices (1st ed.). Springfield: Charles C Thomas. [6]. Fabing, C., & Dressler, D. (1960).Practice and Theory of Probation and Parole. The American Catholic Sociological Review, 21(1), 66. http://dx.doi.org/10.2307/3708841 [7]. Ghosh, S. (2008). Probation and Parole as Methods of Mainstraiming Criminals: A Socio-Legal Analysis from Indian Perspective. SSRN Electronic Journal. http://dx.doi.org/10.2139/ssrn.1151026 [8]. Hart, S., Andrews, D., & Bonta, J. (1995). The Psychology of Criminal Conduct. Political Psychology, 16(3), 657. http://dx.doi.org/10.2307/3792235 [9]. Jones, H. (1970). Crime and the penal system (1st ed.). London: University Tutorial Press. [10]. Smith, A., & Mueller, G. (1971).Crime, Law, and the Scholars. The Journal Of Criminal Law, Criminology, And Police Science, 62(2), 259. http://dx.doi.org/10.2307/1141883 [11]. Tamil Nadu Prison Department. (2007-2014). Annual Reports. Chennai: Tamil Nadu Prison Department. [12]. Tamil Nadu Prison Department. (2007-2014). Convict Admission Note Book. Chennai: Tamil Nadu Prison Department. [13]. Tamil Nadu Prison Department - Probation. (2017). Prisons.tn.nic.in. Retrieved 12 December 2016, from http://www.prisons.tn.nic.in/probation.htm [14]. Trayosha, D. (2015). Probation: A Study In The Indian Context - Probation of Offenders Act. Legalserviceindia.com. Retrieved 18 August 2016, from http://www.legalserviceindia.com/articles/pro_bat.htm [15]. United Nations,.(1990). United Nations Standard Minimum Rules for Non-custodial Measures. United Nations Publications
Abstract: Probation is a treatment established as an alternative to imprisonment, it provides an opportunity to reform the first time offenders involved in minor offences. Imprisonment of these first time offenders increases the chance of them becoming recidivist through association with professional offenders inside the prison. According to Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) probation not only reforms and rehabilitates the offenders but also creates a sufficient deterrence to keep them away from criminality. Hence, probation as an effective correctional treatment in criminal justice system across the world, benefits the first time offenders to reform and reintegrate through the responsive guidance and supervision of probation officers. In this context, in the year 1958, Government of India enacted the Probation of offender Act (P.O. Act) as one of its significant mechanisms in the correctional process of offenders. Against this background, the present study was conducted on the objectives (1) to examine the implementation of P.O. Act and (2) to understand the role of P.O. Act in reducing the recidivism. The present study was conducted by using secondary data derived from (1) the annual reports (2007 - 2014) of Probation branch, Tamil Nadu Prison Department; (2) from the admission notebooks of eight Central Prisons and three Special Prisons for Women located across Tamil Nadu. The study found that during the period 2007-2014 there were 7141probation enquiries were conducted under sub-section (2) of section 4 or sub-section (2) of section 6 of P.O. Act to know whether the offender is suitable or not to release under probation supervision. It was found that based on those (7141) enquire reports 3919(54.9%) supervisions were ordered by the magistrates. Notably, it was revealed that among the 3919 supervised probationers only 08 (0.20%) were reverted into crime. On the other side, the study also found that there were 23993 offenders convicted for two years and below, who might be eligible to release under probation supervision by using the section 3 or section 4 of Probation of Offenders Act.

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