Notes on Origin and development of probation

Origin and development of probation

Credit for the introduction of probation and enacting the first law for placing offenders on probation goes to the state of Massachusetts in the United States of America in 1869. Earlier, an experiment under the leadership of one John Augustus a snowmaker of Boston was successfully carried out for suspending sentence of the offenders and supervising their behaviour and helping them in rehabilitation in society.

Augustus had assumed responsibility for assisting about 2,000 persons 1,152 males and 794 females between 1841 and 1858 during the period of their suspended sentences (Cf. Sutherland, Principles of Criminology, 1965: 423). He was thus called the first probation officer.

The official origin of probation as a legal system authorising the courts to place offenders on probation was made in 1878 when Massachusetts (US) passed a law authorising the appointment of a paid probation officer. By 1917, 21 states in America introduced probation system in their states.

The Federal Court of the United States enacted such law in 1925. By 1953,45 states and the Federal Courts in the USA had been provided with some sort of legislation authorising probation release of the offenders.

In England, the parliament passed the Probation of First Offenders Act in 1887. It restricted probation to first offenders and did not authorise the appointment of probation officers. This limitation was removed in 1907 while the appointment of probation officers in all courts was permitted in 1925. France enacted such a law in 1891.

In India, the Probation of Offenders Act was enacted in 1958 which was gradually extended to all states except Jammu & Kashmir, Karnataka, Sikkim, Tripura, Arunachal Pradesh and Mizoram.

Of these six states, Tripura enacted its own Act in 1960, Jammu & Kashmir and Karnataka in 1966, while Sikkim, Mizoram and Arunachal Pradesh have still to enact Probation Acts in their states (Social Defence, January 1990: 59).

Before that, some states (provinces) were permitted to enact their own laws. Madras and Madhya Pradesh enacted such laws in 1936, Bombay and Uttar Pradesh in 1938, and Bengal in 1954.

However, these Acts permitted release on probation only of juvenile delinquents and for offences with less than seven years imprisonment. There was also a provision (Section 562) in the 1898 Criminal Procedure Code (CrPC) and later on in CrPC 1973 (Section 360) which permitted release of offenders on probation.

But the scope of provision in 1898 CrPC was very limited. It applied only to juvenile delinquents and male (but not female) first offenders. Besides, only first-cla&s magistrates were authorised to release offenders on probation. There was no provision for supervision either. The Probation of Offenders Act, 1958 has a wider scope. It permits probational release of all offenders (irrespective of age and sex).

It also permits supervision of probationers by probation officers. Besides, it has authorised all types of magistrates to release offenders on probation.

The Probation of Offenders Act, 1958, thus, permits (a) probation to all offenders except those who are liable to be given capital punishment for murder, treason, etc. and to dacoits and professionals; (b) release on probation for a maximum period of three years; (c) social investigation by a probation officer; and (d) revocation or premature termination of probation.

The Juvenile Justice Act, 1986 makes the release of all juvenile delinquents below 16 years (18 years for girls) on probation obligatory. If a certain juvenile is not given this benefit, reasons are to be specified for it. Release on probation is based on four factors: (i) circumstances of the case, (ii) nature of crime, (iii) age of the accused person, and (iv) character of the accused person.