Probation serves dual purpose of deterrence, reformation: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, August 28

In a significant judgment on balancing punishment with rehabilitation, the Punjab and Haryana High Court has made it clear that releasing convicts on probation can serve dual purpose of deterrence and reformation. Justice Arun Monga also laid down 14 commandments on potential benefits of probation for the sentencing courts to keep in mind while exercising judicial discretion in this regard.

Circulate Judgment to all courts

It is directed that this order be circulated to all courts in Punjab, Haryana and Chandigarh so that the principles enunciated in it and relevant provisions of the Probation of Offenders Act be brought to knowledge of all judges in district judiciary. Justice Arun Monga

“Overall, the concept of focusing on reformation and using alternatives to imprisonment, such as release on probation, reflects a more holistic approach of criminal justice that takes into account the potential for positive change and the overall betterment of both the individual and society,” Justice Monga asserted.

The observation came as Justice Monga made it clear that the Probation of Offenders Act was enacted to save `offenders’ in appropriate cases from being `habitual offenders’ by providing them with a chance to reform, rather than dumpling into jails.

Justice Monga asserted that the objectives and principles of criminal law focused on the reformation of offenders, inhering the concept of probation.

The modern criminal justice system often aimed to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who committed crime. The goal of criminal law extended beyond mere punishment, which served to deter and hold individuals accountable for their actions.