The Punjab and Haryana High Court has laid down 15 principles for the release of convicts on probation, which requires trial court judges to keep this in mind while issuing sentencing orders in criminal cases.
Justice Arun Monga, while laying down the principles of probation, ordered that a copy of the order be circulated by the Registry to all courts in the states of Punjab, Haryana and Pakistan. Chandigarhso that the principles set forth and their sub-clauses and relevant provisions of the Probation of Offenders Act 1958 are brought to the knowledge of all judges in the local jurisdiction.
The list of sixteen principles highlighted by the High Commissioner is the nature of the crime; individual justice; criminal history possibility of rehabilitation; compliance with test conditions; preventing recidivism; community links; danger to public safety; reduce overcrowding; enhance productivity; second chance and fix; reintegration into society; compensation for those affected; Evaluation of the probation officer and judicial discretion.
Meanwhile, the Supreme Court also rejected the petition by Nasir, seeking permission to appeal against the release of five convicts on probation who were convicted by the Additional Sessions Judge, Balwal, on December 1, 2016, in an assault case.
Hearing the order, Judge Monga said that “the aims and principles of criminal law as contemplated in the previous ruling, apart from deterrence against the commission of an offense against society, focus, among other things, on the reform of offenders, which embodies the concept of probation. The justice system often aims Modern criminal law seeks to strike a balance between punishment and rehabilitation, with an emphasis on the potential for positive change in individuals who have committed crime.The goal of criminal law extends beyond mere punishment.
Judge Monga also emphasized that “While punishment serves to deter individuals and hold them accountable for their actions, there is growing recognition of the importance of addressing the underlying factors that contribute to criminal behaviour. This perspective underscores the potential of offenders to reform and reintegrate into society as law-abiding citizens. Monitoring is one of the mechanisms used to achieve this reform goal.
“…the concept of focusing on reform and the use of alternatives to imprisonment, such as probation, reflects a more holistic approach to criminal justice that considers the potential for positive change and overall improvement of both the individual and society… probation can be probation and thus can also be described as An alternative form of punishment provided for in the criminal justice system…”, added Judge Monga.