Vidushi Vats
The Punjab and Haryana High Court has established “15 Principles” for the release of convicts on probation. These guidelines are meant to be taken into account by trial court judges when deciding on sentences in criminal cases. Justice Arun Monga’s Bench, responsible for framing these guidelines, has instructed the court registry to distribute copies of these guidelines to all courts in Punjab, Haryana, and Chandigarh. This move aims to ensure that these principles, along with their sub-clauses and relevant sections from the Probation of Offenders Act of 1958, are made known to all judges in the district judiciary.
Justice Monga on hearing the matter said that, “Objectives and principles of criminal law as envisioned in the provision ibid, apart from deterrence against committing crime against society, are inter-alia focused on the reformation of offenders, which inheres the concept of probation. The modern criminal justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who have committed crimes. The goal of criminal law extends beyond mere punishment.”
In essence, the High Court’s decision brings clarity and uniformity to the probation release process for convicts, ensuring that judges across the region are well-informed and consistent in their sentencing decisions in criminal cases.
The High Court brought attention to a roster of 15 principles. These principles encompass the type of offence, personalized justice, one’s criminal background, capacity for rehabilitation, adherence to probation conditions, curbing repeat offences, community connections, public safety concerns, alleviating overcrowding, fostering productivity, offering a fresh start and reforming, facilitating reintegration into society, compensating victims, evaluations by probation officers, and the exercise of judicial judgment.
The 15 principles are as follows:
- Offence Nature: The gravity and category of the offence committed by the person hold substantial importance. Less severe offences, which can include non-violent wrongdoings or instances of self-defence-related violence, as well as initial transgressions, could render an individual more apt for probation.
- Individualized Justice: Before granting the benefit of probation, it is essential to consider the individual circumstances of the offender, such as the nature of the crime concerning the potential for positive change. This approach allows for personalised sentencing that takes into account the unique needs and characteristics of the offender, resulting in a more just and proportionate response to the offences.
- Criminal History: Evaluating a convict’s prior criminal history is crucial in determining if they have a pattern of repeat offences. A history of serious or violent crimes might decrease the likelihood of being granted probation.
- Potential for Recovery: The offender’s readiness and capacity for personal transformation carry substantial weight. If there is proof that the person is dedicated to altering their conduct, participating in therapy, and tackling the underlying reasons behind their criminal actions, they should be evaluated as suitable candidates for probation
- Adherence to Probation Conditions: Individuals under probation must follow specific requirements, such as regular check-ins with a probation officer, refraining from criminal acts, and participation in counselling or rehabilitation programs. An individual’s willingness and capability to abide by these conditions will influence their eligibility for probation.
- Curbing Repeat Offenses: As an alternative to incarceration, probation serves as a means to deter first-time offenders from becoming habitual or entrenched criminals. By delivering rehabilitation and support services, probation addresses the underlying factors contributing to criminal conduct, presenting offenders with an opportunity for transformation.
- Community Connections: The assessment of an offender’s ties to the community, including family, employment, and stable housing, holds crucial importance. Robust community bonds can signify a support network that may aid in preventing further criminal behaviour.
- Safeguarding Public Safety: Prioritizing the safety of the community is paramount. Evaluations are conducted to determine whether releasing an individual on probation carries a minimal risk of them committing new offences or causing harm to others.
- Easing Overcrowding: Probation has the potential to alleviate the overcrowding issue in correctional facilities. Non-violent offenders who are eligible for probation can be placed under community supervision, freeing up space in jails and prisons for more serious offenders.
- Fostering Productivity: By permitting offenders to remain within the community and engage in constructive activities such as work, education, or community service, probation can contribute to their development as productive members of society. This can result in their contributions as taxpayers rather than imposing a burden on the State.
- Second Opportunity and Transformation: Probation provides a second chance to offenders by allowing them to avoid incarceration and offering an avenue for personal reform. Through counselling, treatment, and supervision, offenders can address the root causes of their criminal behaviour and strive for positive change.
- Reintegration into Society: Probation enables offenders to maintain connections with their families, jobs, and communities, enhancing their prospects for successful reintegration after serving their sentence. This diminishes the likelihood of relapse into criminal behaviour and helps break the cycle of criminal conduct.
- Restitution for the Victim: The court has the authority to demand that the offender compensate the aggrieved party as a punitive measure or act of atonement before considering probation release.
- Evaluation by Probation Officer: A court may enlist the services of a probation officer to evaluate the offender, collecting data regarding their background, conduct, and prospects for rehabilitation. This assessment serves to facilitate an informed judgment regarding probation eligibility.
- Judicial Authority: Ultimately, it falls upon the court’s discretion, taking into account the case’s facts and circumstances, to determine whether probation should be granted. The decision-making process must consider all pertinent factors, striking a balance between rehabilitation, public safety, and justice. Probation aims to provide an alternative to incarceration that addresses the unique needs of the offender while maintaining community safety.
Meanwhile, the High Court also rejected the plea of Nasir, who sought permission to appeal against the release of five convicts on probation. These individuals had been convicted in an assault case on December 1, 2016, by Additional Sessions Judge, Palwal.