Abstract
The multi-faceted benefits of Probation of offenders make it essential for global criminal justice reform. The Justice Mali math Committee (2003) and the Draft National Policy on Criminal Justice (2007) emphasised sentencing guidelines and increased use of Probation to manage prison populations. Similarly, the Supreme Court's ruling in Inhuman Conditions in Prisons (2016) highlighted Probation as a solution for overcrowding. Amid global recognition of Probation's effectiveness and policy recommendations for its wider use, this study examines the utilisation of Probation of offenders in India, particularly in addressing prison overcrowding and crises like COVID-19. This study analyses the Supreme Court and High Court case law rulings regulating adult probation implementation in India under The Probation of Offenders Act (POA). The findings show a novel two-pronged approach, transcending traditional public safety. The new approach prioritises (1) elevating the Probation of Offenders Act over the penal code to mandate Probation in specific cases and (2) expanding judicial discretion to consider mitigating factors and broaden eligibility. While advocating for greater probation access, the study underscores the need for evidence-based strategies and sentencing guidelines to balance public safety. Further, it proposes legal and practical frameworks to enhance Probation's rehabilitation and reintegration outcomes while mitigating potential risks of recidivism through evidence-based supervision.
