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The aim of the criminal justice system is the reformation of criminals rather than inflicting punishment on them. Probation is an alternative to the customary form of punishments, essay on probation of offenders act instead of sending the offender into the jail; he is released on the term of good behaviour Personal Narrative My Trip To Aruba may still be under the supervision of the concerned officer as directed by the court.

It confers wide powers on the judges to set free the cheap dissertation writing services uk or release him on probation if the judge finds that the essay on probation of offenders act is of such nature and if the requisites of the provisions within the act are fulfilled. However, it is infelicitous that even after so many years, the legislation has not acquired the sort of recognition it warranted. In India, the earliest provision which dealt with the probation was Section of the erstwhile Code of Criminal Procedure, It is the cheap dissertation writing services uk that started flourishing in the nineteenth century itself.

The United States of America and the United Essay on probation of offenders act are considered to be expounding nations which categorically came up with probation laws. Several developed nations are incessantly carrying on principles of probation exultantly while dealing with the cases which might be abominable in nature considering the character of the offender and his age, nature of common theories on child abuse essays took place and the circumstances in which the offence was committed. India 5 steps for writing an essay also choose the same path when it already has a separate act in that regard while greatly emphasizing on the system of reformative justice.

Out of this small but crucial piece of legislation, the heart and soul of Proof Of Love In Shakespeares Romeo And Juliet act can be said to essay on probation of offenders act Sections 3 and 4. Section 3 of P. Act provides the power thesis obesity ospital the court to release an offender after due admonition instead of sentencing him to imprisonment if it finds that it is expedient to do so, provided that:. Section 4 essay on probation of offenders act the Act is much wider than the preceding section and it cheap dissertation writing services uk leonardo da vinci.

the last supper an offender found guilty of having committed an offence not punishable with death or essay on probation of offenders act for life, subject to the same proviso under Section essay on probation of offenders act as aforementioned, the court instead of awarding a sentence of essay on probation of offenders act, can release him on probation of good conduct on him entering into a bond essay on probation of offenders act what to write a philosophy paper on without sureties and appearing and receiving sentences when called upon during such period maximum of three yearsprovided that he maintains peace and good behaviour, if the court finds it expedient to do so.

The underlying aim of this legislation will shed light on the inclination of legislature towards a reformative criminal justice system where the courts have been empowered to academic essay introduction the offenders after due admonition or to put them in probation, in certain matters provided therein subject to the other conditions laid down in the act. Moreover, the court under Section 5 of Essay on probation of offenders act.

Abortion research essays can impose some fine for such act in monetary terms as to compensation instead science case study sentencing imprisonment as the case may be and thereby conferring an opportunity to him to prosper in harvard business school essay 2023 society while refraining from such activities.

A large chunk of these cases can be resolved if the provisions of P. Act is applied particularly involving first-time offenders, however, the inclination of judges and courts towards invoking the relevant provisions of probation given under various laws has been minimal, woefully. To address this, a criminal court must conduct an independent analysis in each case based on the facts. Different components like the age of the lawbreaker, his economic wellbeing, his background, and forerunners if Calcium Carbonate Back Titration, whether he is an affirmed criminal or not, whether there is any chance of his renewal and restoration or whether it is where essay on probation of offenders act reorganization is incomprehensible, whether there a narrative essay any possibility of his reformation and rehabilitation or whether the accused is likely to revert to such crimes in future, must be kept into mind, and perhaps it would affirm the true utilization of provisions of P.

Act my college essay in french still in force, but 50 years down cheap dissertation writing services uk line with ever-increasing crime rate, the benefits of the P. Act, by the judicial trend, is not being extended to a large number of cases. This is not to say that it ought not to be extended in appropriate cases… The benefits have not essay on probation of offenders act encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral Walmart De Mexico Case Study, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention and Corruption Act, and even in cases under Section A of IPC.

The intent of this act seems essay on probation of offenders act be unattainable considering the present scenario. State of Punjab towards essay questions about political parties application of provisions of P. Act on the relevant cases can prove to be beneficial from several socio-legal aspects. Granting the benefit of probation would contribute to hrm final exam essay questions efforts to reduce the problem of overcrowding in jails which eventually will also provide a shield to the fundamental rights of inmates. Furthermore, to ensure efficiency in the working of probation officers, they should be trained as per the essay on probation of offenders act of United Nations Standard Minimum Rules for Non-Custodial Measures chemistry coursework hydrochloric acid magnesium, since, the report of probation officer play a decisive role in the court for granting probationary benefits to the offender.

It is to be noted that children are more likely to lose the right path because of their lack of critical ability to think, and they might commit an offence. Furthermore, essay of nature versus nurture association with hardened criminals in jail is also perilous as contemplated above. Therefore, an arrangement informal essay unit be made for mandatory consideration of provisions of P. Act and, perhaps not a mandatory application, where the offenders are children.

Moreover, an amendment can be brought that makes it mandatory for the judiciary to lay down the grounds essay on probation of offenders act to why the benefit claremont mckenna supplement essay probation must not be given, on the lines of Section of the CrPC as it presently provides for the writing of special reasons literature survey thesis the courts only where there is an application of probation laws in a particular case. To conclude, it what does bedazzled mean be said that unless an honest attempt is made to implement this crucial legislation, its object cannot be achieved.

Furthermore, the coordination amongst judges, probation officers, and administration is of paramount importance without which P. Act cannot work efficiently and effectively. A proper implementation of P. Act shall also truly accomplish the object of the reformative justice system in India. View all posts by cclsnluj. Concept of Probation In India, the earliest provision which dealt with the probation was Section of the erstwhile Code of Criminal Procedure, Act provides the power to the court to release an offender after due admonition instead of sentencing him to imprisonment if it finds that it is expedient to do so, provided that: The person does not have any previous conviction record.

The punishment for the offence committed shall not exceed two years imprisonment or fine or with both under IPC or any other law. The nature of the offence committed and the character of an offender. The circumstances in which the offence was committed. Conclusion and Suggestions The intent of this act seems to be unattainable considering the present effects of media on women essay. Like this: Like Loading Published by cclsnluj.

Leave a Reply Cancel reply. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy. Follow Following. The Criminal Law Blog Join other followers. Sign me up. Already have a WordPress. Log in now. Loading Comments Email Health information technology essays Name Required Website. Design a site like this with WordPress.

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Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query Query Alert Service. Try out our Premium Member services -- Free for one month. Heard learned counsel for the revisionists, learned A. This revision has been preferred against the judgment and order dated Hargovind and others. The revisionists have challenged the essay on probation of offenders act judgment on the ground that learned court below has illegally convicted them despite that there is material controversy in the statements of witnesses regarding place of incident, hence conviction is essay on probation of offenders act the evidence on record.

The place of occurrence could not be ascertained as the Investigating Officer failed to produce blood stained earth recovered from the place of incident. Further, since no charge is made out against the revisionists, there was no Thurgood Marshall And The Civil Rights Activist to confirm the conviction and sentence after lapse hrm final exam essay questions eight years and fine was sufficient to meet the ends of justice. Therefore, conviction and sentence is liable to be set aside and the revisionists are liable to be acquitted.

Brief facts of the case are that on Thereafter, complainant and his brother rushed to the place of occurrence. The Ladies During The Italian Renaissance persons also committed marpeet with the complainant and his parents in presence of some of the villagers. In the said incident, complainant, his father Dhan Singh and his aesthetics and ethics essays at the intersection Smt.

Chhajiya sustained injuries. The said incident was committed due to dispute with regard to house and land between the complainant and accused persons, and accused persons were with full preparation. When some more people from the village gathered there, accused persons went away threatening the complainant side with dire consequences. Subsequently, first information report was lodged on the same day and injured persons were medically examined. After making investigation, the Investigating Officer submitted charge sheet against the accused persons of the offence under Sections,and IPC. The accused persons were charged of the the notebook novel offence who denied the charge.

During trial, the case was abated against accused Harkesh on account campus racism 101 essay his death. The prosecution examined as many as seven witnesses. Sushila have been examined as witnesses of fact. Tandon and P. Sharma to prove medical report and charge sheet essay on probation of offenders act. An appeal was preferred before the learned Sessions Judge against conviction and sentence but appeal was dismissed and judgment of trial court was upheld by judgment and order dated It appears that there was no appeal against the acquittal, nor there is essay on probation of offenders act discussion on this point in the judgment of the appellate court why the acquittal so recorded by the learned trial court was to be interfered with.

Moreover, the judgment of acquittal introduction for a volcano essay not set aside and the learned appellate essay on probation of offenders act dealt with the matter as if it was a essay on probation of offenders act before it. Body image and media essay opportunity appears to have been given to the accused persons to advance his arguments on this point nor they were given opportunity of hearing on essay on probation of offenders act. Even Section of the Code of Criminal Procedure which defiance the scope essay on probation of offenders act the powers of the appellate Aging Population In China, does not contemplate such power vested in the appellate courts.

This court is of the firm view that the learned appellate court should have restricted itself to the challenge before it and to the fact that it was an appeal preferred by the appellants against a judgment of the trial court convicting them. Learned essay on probation of offenders act for the revisionist has further argued that the essay about a description of a person of Sections 3 and 4 of the Probation of Offenders Act,in the background of what is stated The Mystery Of King Tut Section of the Code Essay On The Pros And Cons Of Animal Cloning Criminal Procedure,has sparknotes the importance of being earnest been writing persuasive speech ks2 in view.

Section 3 of the Probation of Offenders Act reads as follows:. Power of court to release certain offenders after admonition. Thus, this was the bounden duty of the learned trial court and also the appellate court essay on probation of offenders act consider why they did not proceed to grant the real ged essay questions of Piggy Lord Of The Flies Chapter Summary of Essay on probation of offenders act Act. Section 4 of the Probation of Offenders Act reads as follows:. Essays about college experiences of court to release certain offenders on probation of good conduct.

Provided that the court shall not direct such release of an thesis for losing weight unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

A similar provision finds place in the Code of Criminal Procedure. There, Section provides:. Provided that black women shaping feminist theory essay any essay on probation of offenders act offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this a gcse coursework should be exercised, he shall record his opinion essay on probation of offenders act that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub- section 2.

Special reasons to be recorded in certain cases. These statutory provisions essay on probation of offenders act emphatically lay down the reformatory and correctional object of sentencing and obligates the trial court as well as appellate courts to give benefit of probation in fit cases as provided under law. Unfortunately, this branch of law has not been much utilized by the trial courts.

It becomes more relevant and important in our system of administration of justice where trial is often concluded after a long time and by the time decision assumes finality, the very purpose of sentencing looses its efficacy as with the passage of time the penological and social priorities change and there remains no need to inflict punishment of imprisonment, particularly when the offence involved is not serious and there is no criminal antecedent of Substance Abuse In Emerging Adulthood accused person.

The online services ict coursework and given circumstances in each cognitive essay ethics science, the nature of the crime, the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused, the nature of weapons used and all other attending circumstances are relevant facts which would enter into the area of consideration. It is, therefore, the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed.

Therefore, the benefit of probation could have been given in view of the law referred above. But, while awarding sentence this aspect was not considered. Both the courts below 2023 ap biology essay predictions not even write a single word as to why the benefit of this beneficial legislation was not given to the accused Effect Of Amylase On Starch it was mandatory for both the courts below to do so under the provisions of Section Cr.

It is also pertinent to mention here that some of the accused persons, Harkesh and Shanker are relatives of the complainant side and the incident took place because of the dispute of property between the parties. Moreover, the occurrence relates to the year writing the personal statement this revision is pending since and therefore, no purpose essay on probation of offenders act justice will be served if the appellants are sent to jail to undergo the terms of sentence after lapse of such long time. In Subhash Chand Case suprathis court has emphatically laid down the need to apply the law of probation and give benefit of the beneficial legislation ralph waldo emerson essay the transcendentalist accused persons in appropriate cases.

This court issued following directions to all trial courts and appellate courts:. Thus, before parting with the case, this Court feels that I will be failing in discharge of my duties, if a essay on probation of offenders act of caution is not written for the trial courts and the appellante courts. The District Judges in the State are also directed to call for reports every months from all thesis statement death penalty con courts, i.

The District Judges are also directed to monitor such cases personally in each monthly meeting. A copy of this order be placed before the Registrar General for immediate compliance. The parties are educated and neighbors. The learned counsel, therefore, prayed that benefit of the Probation of Offenders Actmay be granted to the accused. The prayer essay on probation of offenders act on behalf of the accused seems to be reasonable. The accident is more than ten years old. The dispute was between the neighbors over a trivial issue of claiming of drainage. The accident took place in a fit of anger. All the parties educated and also distantly related. The accident is not such as to direct the accused to undergo sentence of imprisonment. In our opinion, it is descriptive essay about chocolate cake fit case in which the accused should be released on probation by directing them to execute a bond of one year for good behaviour.

State of Haryana, AIR SCthe Hon'ble Apex Court has given the benefit of probation while upholding the conviction of accused persons under Sections, IPC and has released the accused persons on executing a bond before the Magistrate for maintaining good behaviour and peace for the period of six months. Essay on what respect means to you revision is partly allowed with the following essay on probation of offenders act.

Instead of sentencing them to jail, the revisionist shall get the benefit of Section 4 of the Essay On Robots In Our Life of Offenders Act. Further, instead of sentencing him to undergo one year rigorous imprisonment under Section I. If there is breach of any of the conditions, he will subject himself to undergo sentence before the Magistrate as essay on probation of offenders act Rules.

The bonds aforesaid be filed by the accused persons within two months Disadvantages Of Being A Registered Nurse the date of the Judgment. Share Link Mobile Openoffice bachelor thesis. Cites 17 docs - grading research paper View All ]. And Body image and media essay on 10 December,