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Probation Of Offenders Act Essay

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THEORY OF PUNISHMENT REFLECTED IN PROBATION LAWS IN INDIA

“The origin of crimes in modern societies is mainly due to the sociological context in which an individual offender is situated. Without understanding the sociological context, the crime cannot be understood; and without its understanding, its prevention cannot be effect ”.

When analyzing the cause of crime it is found that there are so many factors that influence individuals to commit crime, such the environment they live, the society, family background, there character etc. In criminological study there are various theories concerning the criminal behavior for example Lombroso’s Biological theories, Personality theory, Sutherland’s Differential Association theory, Labeling theories etc . So giving harsh punishment sometime will not fit for justice, when that connects to the circumstances of the crime. …show more content…

To fix the significance of this abstract formulation of legislation, as a condition for the application of the Probation of Offenders Act, it has thus gone to the facts of each case and its social context. It has thus emphasized the socio-economic nature of the origin of crimes. So the judges has got the full discretion to decide whether to give the benefit of probation or not. In the case Keshav Sitaram Sali v. State of Maharashtra The Supreme Court has held that in a case of petty theft the High Court should have extended the benefit of either section 360 of the Code of Criminal Procedure or sections 3 and 4 of the Probation of Offenders Act to the appellant instead of imposing a sentence of fine on him

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