Criminal Justice System Extends Beyond Punishment, Focused On Reformation: Rajasthan HC Orders Release Of Poor Convicts On Probation Without Deposit

Rajasthan High Court has highlighted the importance of reformative justice and observed that apart from punishing and deterring against crime, principles and objectives of criminal law are also focused on reformation of offenders, rooted in the concept of probation.

“Modern criminal Justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who have committed crime. The goal of criminal law extends beyond mere punishment. While punishment serves to deter and hold individuals accountable for their actions, there is a growing recognition of the importance of addressing the underlying factors that contribute to criminal behaviour.”

The bench of Justice Arun Monga granted relief to convicts (petitioners) who were granted probation by the appellate court with a condition to deposit prosecution expenses. Being financially unsound, the petitioners were not able to submit the amount and thus continued to be behind bars.

The Court set aside the condition for depositing prosecution expenses for the petitioners and observed that the Act was enacted to save the offenders in appropriate cases from turning into habitual offenders by providing them a chance to reform rather than dumping them in jails.

The petitioners were convicted for breaking into a shop during night and stealing the material lying within. They were initially sentenced to two years of simple imprisonment with fine. However, on preferring an appeal, the appellate court, although confirmed their conviction, released them under the Act on the condition of them submitting prosecution expenses of Rs. 10,000 each and the bail bonds. Being unable to submit the prosecution expenses, the petitioners were still in jail and hence had preferred this petition.

Justice Arun Monga referred to the case of Nasri v State of Haryana delivered by him while being the puisne judge of the Punjab and Haryana High Court in which he had laid down certain principles terming them as potential benefits of release on probation, to be kept in mind by courts while sentencing. The list included factors like nature of offences; individual circumstances of the offender; criminal history; offender's willingness and potential to rehabilitate; offender's community ties, etc.

The Court further observed that the concept of focusing more on reformation and using alternatives to imprisonment reflected a more holistic approach of criminal justice and probation was one of the best mechanisms to achieve the reformative objective of criminal justice system.

“In certain cases, certain offenders may be asked to remain under community supervision rather than being incarcerated. During such probation period, the offender can be put to follow certain conditions, such as regular reporting to a probation officer, participating in counselling or treatment programs and maintaining employment or education. The aim is to provide support, guidance and opportunities for the offender and to address the root causes of their criminal behaviour and develop positive life skills. Close monitoring and guidance provided during probation can help the offender make positive changes in their life and reduce likelihood of reoffending.”

Hence, the Court opined that since the petitioners suffered from sheer penury, the appellate order was modified to the extent of removing the condition of depositing prosecution expenses. Accordingly, the petition was allowed, and the petitioners were directed to be released on furnishing personal bonds.

Title: Ganesh & Ors. v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 237

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