Probation of Offenders Act

History

• The first Probation of Offenders Act, passed in India in 1938, implemented community supervision for offenders, similar to the United States probation system. The Probation of Offenders Act of 1958 updated this legislation.
  
  

Supervision

• First-time offenders receive a probation term of one year, while repeat criminals may be placed on probation for up to three years.
  
  

Background Information

• The Act provides that background information will be collected on all offenders, which will include offender hobbies, physical health, mental health, personality and character, school history, employment history, associates, family of origin, religious background, economic issues and criminal history. This information is part of the offender's case plan.
  
  

Probation Officer Duties

• The probation officer must submit a presentence report which presents an initial overview of the defendant's case along with her social history. The report will include the probation officer's professional assessment of the case.
  
  The Act also includes a monthly report form which the probation officer must submit to the court on each offender. The report includes general information about the offender's status, residence, work, attitude and overall compliance. The probation officer determines an appropriate release date for the defendant, based on his compliance with terms and conditions.
  
  

Offender Terms

• The Act also provides specific probation terms and conditions for offenders to follow. The probationer must stay in a stable residence. He must comply with the probation terms and not associate with other criminals. He may not drink. If appropriate, he must pay restitution.
  
  

Probation Officer Qualifications

• Although the Act does not specifically detail probation officer qualifications, India maintains a list of state-approved probation officers, salaried officers from other agencies and part-time probation officers. In certain instances, with the approval of the court, another individual may be appointed as a personal probation officer to the defendant.