probation means ‘I prove my worth’ and is derived from the Latin word ‘ probare‘ meaning ‘tested’ or ‘proved’. The legal concept of probation is conditional suspension of sentence and it is a part of the decision making process of the judge at the time of sentencing. Thus probation is a method of penal non-institutional treatment of offenders developed as an alternative to imprisonment out of a realization that short-term imprisonment is harmful and ineffective. There is no precise legislative definition of the term probation. Neither the Criminal Procedure Code 1973 nor the Probation of Offenders Act 1958 define what probation means. Both these enactments use the words „release on probation of good conduct‟ without actually defining the term.

The object is to reform and reintegrate offenders without submitting them to the stigma of prison life. It is applicable against those offenders who are redeemable such as young offenders and first-time offenders where criminal tendencies are not deep-rooted.

The Probation of Offenders Act 1958 and Criminal Procedure Code – Sec..360 and 361. In Probation sentencing, when any convicted person is found fit to be released on probation the court may not pronounce any sentence against him but he may be released on probation for good conduct. In such a situation if the person violates the terms and conditions of probation or he is not reformed, the court then considers the sentence to be imposed

Power of court to release certain offenders on probation of good conduct

Section 4 of the Act deals with the power of the court to release certain offenders on probation for good conduct. An offender may be released on probation if the following conditions are fulfilled:

 (i) Any person is found guilty of having committed an offense; 

(ii) The offense so committed must not be punishable with death or imprisonment for life; 

(iii)The court by which the person is found guilty is of the opinion that it is expedient to release him on probation of good conduct;

 (iv)The court may form such an opinion having regard to (i) the circumstances of the case, (ii) the nature of the offense, and (iii) the character of the offender.

 If the above conditions are fulfilled, the court may, instead of sentencing him at once to any punishment, direct that the offender should be released on entering into a bond to appear and receive a sentence when called upon during the period of probation. The bond so directed may be taken with or without securities. The period of probation will be such as the court may direct but it will not exceed three years.