Critical analysis of Probation of offender act 1958

Abstract

Mahatma Gandhi used to say that 'Hate the offence not the accused.' This makes it clear that the accused person is not an offender by birth. It is the circumstances which makes him offender. Thus, a person can be prevented from becoming an offender. One of the methods of prevention is probation. It is reformative method. It provides opportunity to accused to reform.

Ramnaresh pandey vs state of M.P ( 1974 M.P.L.J 186) and Jugal Kishore parsad VS State of Bihar (A.I.R 1972 S.C 2522) .It was decided the main object of probation is to provide an opportunity to accused person to reform and protect juvenile and young person from notorious offender in prison.