Probation of offenders and victim concerns: Exploring the judicial perspective
Author(s): Habeebul Rahiman VM
Abstract: The criminal procedure comprises the body of law regulating the inquiry into whether an individual has violated criminal law. This system governs the investigation of crimes, trial of accused individuals, sentencing of convicted offenders, and avenues for appeals. Within this system, the judiciary plays a pivotal role in adjudicating disputes through established procedures and rules, ensuring justice is both impartial and reasoned. India's judicial system, rooted in the adversarial model, positions the judge as an impartial arbitrator. However, implementing progressive reforms, such as the Probation of Offenders Act (1958), necessitates a proactive judicial approach to balance retributive and rehabilitative justice, emphasizing individualization of sentences. This paper is the outcome of an empirical study where the researcher explores the judicial perspectives on the Probation of Offenders and whether they consider the victim's concerns while granting the benefit of probation to the offender. The study covers judicial officers both from Delhi and Haryana and presents the outcome of the interaction, along with feasible recommendations for the better implementation of this progressive legislation called probation.
Habeebul Rahiman VM. Probation of offenders and victim concerns: Exploring the judicial perspective. Int J Multidiscip Trends 2019;1(1):138-142. DOI: 10.22271/multi.2019.v1.i1a.578