Difference between Probation and Parole

495 votes

Probation and parole are two integral concepts of the Indian criminal justice system and relate to privileges rewarded to convicted criminals in lieu of good behaviour. Although the two concepts are very distinct to one another, however they are often misconstrued to be synonymous, since both these concepts are alternatives to incarceration. As a citizen subject to the criminal justice system, it is important to understand this distinction between the probation and parole.
 

Probation

Probation can be understood as the release of a convicted offender from the custody of the police and be released in the society subject to compliance of certain conditions which place the offender under the supervision of a probation officer. In case the conditions upon which probation has been granted are breached by the offender, he/she can be re-sentenced to serve time in prison instead.

Probation is always granted to an offender once he/she has been found guilty by a court of law for commission of an offense. The judge adjudicating over the offender’s trial determines the grant of probation and it is often awarded with conditions such as performance of community service, payment of fine and counselling etc.
 

Parole

Parole relates to the early release of an inmate once he/she has served a part of the sentence awarded. Under parole, an inmate is released upon evaluation by a parole board subject to imposition of certain conditions. In most cases, these conditions relate to regular appearance before a parole officer and travel restrictions etc. Pertinently, parole does not mean quashing of the sentence of the offender, since the parole can be suspended if the offender fails to comply with the conditions of the parole, in which case the offender is sent back to prison to complete the original sentence.
 

Difference between Probation and Parole

The following are the differences between probation and parole:

1. Probation is essentially a sentence, where in lieu of imprisonment, the convicted criminal is permitted to stay outside prison under the supervision of an officer, while observing certain rules and conditions. Parole on the other hand refers to the early release of a convicted criminal upon certain terms and conditions, non-compliance of which entails suspension of the parole.

2. The grant of probation is determined by a judge upon the facts of each case and is awarded instead of a sentence of imprisonment. On the other hand, parole is just the conditional release of an inmate after having served only a part of the sentence originally awarded.

3. The determining authority for the grant of parole vis-à-vis probation is also separate. While probation is granted by the court, grant of probation on the other hand is determined by a specially designated parole board.

4. Probation is an opportunity at rehabilitation granted by the court prior to the act of incarceration and is awarded in place of imprisonment. Parole on the other hand is granted as a reward for good behaviour, after an inmate has already served a part of its sentence.

5. Probation in most cases in awarded only where the convict is a first-time offender with no prior record and the offender is accused of a non-violent offence. Conversely, parole is awarded to inmates already serving their sentence as a reward for good behaviour and conduct in prison.

6. Under probation, offender is kept under the supervision of a probation officer and has to abide by certain conditions, non-observance of which could lead to a re-sentencing of imprisonment. On the other hand, parole granted to an inmate can be suspended and he/she can be sent back to prison to complete the term of the sentence awarded in case the offender breaches the terms of the parole.

LawRato LawRato

918 votes

The terms "parole" and "probation" have distinct legal meanings in the criminal justice system. The difference between parole and probation is as follows:

Probation -
Probation is a legal concept under the Code of Criminal Procedure (CrPC) that allows a court to release an offender on probation instead of sentencing them to imprisonment. Probation is a form of non-custodial punishment that allows the offender to remain in the community while undergoing rehabilitation and treatment. It provides an alternative to imprisonment for non-serious first-time offenders, while also helping them to reintegrate with society.
Under Section 360 of the CrPC, a court may release an offender on probation if they are convicted of a non-serious offence punishable with only fine or with imprisonment of less than seven years or in the case of a woman or a person who is less than 21 years of age - who is convicted of an offence not punishable with life imprisonment or death. The court may impose certain conditions on the offender, such as reporting to a probation officer, attending counselling sessions, or performing community service.
The purpose of probation is to provide an opportunity for the offender to reform and rehabilitate, and to prevent them from committing future crimes. Probation may be granted for a specified period of time, and the court may require the offender to submit regular reports to a probation officer to monitor their progress.
Probation is granted on a case-by-case basis, and the decision to grant probation is at the discretion of the court. The court may consider various factors when deciding whether to grant probation, including the nature of the offense, the offender's age, criminal history, and social background.
If the offender violates the conditions of probation, they may be ordered to serve the original sentence of imprisonment. However, if they successfully complete the probation period without any violations, they may be discharged from further punishment.

Parole -
Parole is a legal concept in India that allows a prisoner to be temporarily released from prison before the end of their sentence. Parole is granted on the condition that the prisoner meets certain requirements and obeys certain restrictions.
The law related to parole in India is governed by the Model Prison Manual, 2016, which provides guidelines for the grant of parole. The decision to grant parole is made by a parole board, which is usually composed of senior prison officials.
Eligibility for parole in India depends on various factors, including the type and severity of the crime committed, the prisoner's behaviour while in prison, and the length of the remaining sentence. Typically, parole is granted for a specific period, during which the prisoner must comply with certain conditions, such as reporting to the police station or parole officer, refraining from drug or alcohol use, and not leaving a certain geographic area without permission.
Parole may be granted for a variety of reasons, including family emergencies, medical treatment, attending a funeral, or participating in vocational or educational programs. However, parole is not a right, and the decision to grant parole is at the discretion of the parole board.
If the prisoner violates the conditions of parole, their release may be revoked, and they may be required to serve the remainder of their sentence in prison. Conversely, if the prisoner complies with all the conditions of parole, they may be granted early release.

Thus, the difference between probation and parole is that parole is a conditional release of a prisoner before the end of their sentence, while probation is a sentence handed down by the court that allows an offender to serve their sentence outside of prison, subject to certain conditions. Parole is granted after serving a portion of the sentence, while probation is given at the time of sentencing. Both require adherence to certain conditions and violations can result in revocation of release and return to prison.

Advocate Sudershani Ray LawRato

577 votes

Probation is when you have been convicted by the court of criminal jurisdiction, and your case falls under the categories mentioned in Probation of Offenders Act and also falls in dovetail with section 360 of CrPC, you will be released on a bond of promise of good conduct. subjected to T and C. Parole is release on bail, temporary release from jail, applicable both to UTC and Convicted.
Thanks Dear

Advocate Rajinder Pal Singh LawRato