The word probation is a Latin word which is originated from the word probatus which means to prove or test. Probation is an alteration service method which evolved from the criminologists and legal jurists to make a reformative society by giving the criminals a chance to prove their worth. Probation is introduced by legal jurists for the offender's rehabilitation because their opinion was that if an offender is put in jail he will come in contact with other criminals and then he will become more dangerous to society. The first probation officer in this world is John August Comte he is regarded as the "Father of Probation" in 1841 assisting offenders to probation.

Meaning of Probation
Probation in law means a system that allows a person who committed a crime not to go to prison if they behave well and regularly see an officer (called a Probation Officer) for a fixed period. Probation defines to be a period during which you must behave well or do good work. Probation is the suspension of the convicted offender's sentence, allowing him freedom subject to regular supervision by a Probation Officer. Probation is a reformative measure and its object is to reclaim amateur offenders who can be usefully rehabilitated in society.

For Example: If a young offender or a first-time offender commits a crime he/she should not be sent to jail but will be kept under the supervision of a probation officer. Therefore, probation means the conditional suspension of a sentence by the court in selected cases, especially of young offenders who are not sent to prison but are released on probation on agreeing to abide by certain conditions.

Object of Probation
The object of probation is to prevent the conversion of youthful offenders into obdurate criminals as a result of their association with hardened criminals of mature age in case the youthful offenders are sentenced to undergo imprisonment in jail. The main function of probation is to make an effective improvement in the offender's character and the offender's reformation. The main objective of probation is that an accused person who is convicted of a crime should be given a chance of reformation. Further, by way of probation, it reduces the crime rates in the nations.

Legislations governing the probation system in India

• Probation of Offenders Act, 1958: In 1934 the Government of India informed the Provincial Governments to enact their legislations on Probation. The state of Madras was the first to adopt Probation after the enactment of the Madras Probation of Offenders Act in 1936 which was the first Probation of Offenders Act in India. Later this was replaced by the Central Act known as the Probation of Offenders Act 1958. This act contains a total of 19 provisions. The Probation of Offender act 1958 is based on an individualistic approach to the convicts and dealing with young offenders in an amicable manner. The act aims to provide for the release of offenders on probation or upon due admonition and all the matters connected herewith.

Important provisions of the act:
Section 3. Power of court to release certain offenders after admonition- this section deals with the power of the court to release the offender after admonition. Admonition means a sort of warning. It lays down certain conditions by which admonition can be granted. An offender should satisfy all these conditions to get release on admonition. These conditions are:

1. A person should be found guilty of committing an offence under Section-379, Section-380, Section-381, Section-404, or Section-420 of the Indian Penal Code 1860, or any offence punishable with imprisonment for not more than two years, or with fine or both, under the Indian Penal Code or any other law.
2. He should not be convicted for the same offence previously.
3. The court contemplates the character of the offender and the nature of the offence.
4. The court may also release the offender on probation for good conduct by applying Section 4 of the Act, instead of sentencing him.
5. The court may also release the offender after due admonition, instead of sentencing him.

Section 4. Power of court to release certain offenders on probation of good conduct

This section deals with the power of a court to release an offender on probation of good conduct. Section 4(1) says that if the offenders fulfill these conditions, they can get a benefit of probation of good conduct. These conditions are:

• Any person found guilty of having committed an offence.
• The offence committed by the offender must not be punishable with death or imprisonment for life.
• The court by which the person is found guilty opines that it is convenient to release the offender on probation of good conduct.
• The court has to consider the circumstances of the case, the nature of the case, and the character of the offender.

In Section 4(1), it is also stated that the offender and his surety must have a fixed place of residence or occupation within the court's jurisdiction. Section 4(2) says that before making any order of release of an offender, the court shall consider the report of the probation officer in the concerned case. Section 4(3) states that the court may pass a supervision order to release the offender on probation of good conduct. The supervision period must not be shorter than one year, and the probation officer must supervise the individual for this duration. The name of the probation officer should be included in the supervision order. Section 4(4) empowers the court to give directions to execute a bond, with or without sureties, to appear before the court when called and receive the sentence given to him by the court. Section 4(5) explains that the court must clarify the terms and conditions of the order to the offender and provide a copy of the supervision order to the offender, any surety, and the concerned probation officer.

Section 6. Restrictions on imprisonment of offenders under twenty-one years of age

This section imposes restrictions on imprisoning offenders who are under twenty-one years of age. Section 6(1) states that when a person under 21 is found guilty of an offence punishable by imprisonment, the court shall not sentence him to imprisonment, unless the offence is punishable with life imprisonment or death. In such cases, the court will consider the case's circumstances, the nature of the offence, and the character of the offender. If the court chooses to imprison rather than release him, it should record its reasons for doing so. Section 6(2) says that when the court cannot conclude that Section 4 or Section 3 applies, it shall refer to the probation officer's report and consider any other relevant information about the offender.

Section 7. Report of probation officer to be confidential

This section stipulates that the probation officer's report under Section 4(2) or Section 6(2) is confidential. However, the court has the discretion to communicate the substance of the report to the offender if it deems appropriate. The court may also allow the offender to produce any relevant evidence in response to the probation officer's report.

Section 8. Variation of condition of probation

This section empowers the court, based on the probation officer's report, to vary or alter the conditions of any bond entered into by the offender when it is in the offender's or the public's interest.

However, there are two limitations:

1. The duration of the bond can be extended or reduced, but it shall not exceed three years from the date of the original order.
2. No similar variation can be made without giving the probationer and the surety or sureties mentioned in the bond an opportunity to be heard.

As provided in this section if the conditions which were proposed is acceptable to sureties of the bond, than the offender will enter into a fresh bond failing which he may be sentenced for the offence which he was found guilty.

Section 9. Procedure in case of offender failing to observe conditions of bond- this section empowers the court in a case where offender fails to satisfy the conditions of bond. Section 9 (1) says that the power provided under section - 9 shall be exercised by the court which passes an order under section - 4 of the act power of a court to release the offender on probation of good conduct. The court exercises its power by seeing the report of the probation officer. If the court on the basis of seeing the report of the probation officer has reason to believe that the offender has failed to observe any of the conditions of the bond, the court then issues a warrant of arrest against the offender, or may, if it thinks fit, issue a summons to him and his surety if any.

Section 9 (2) says that the court before which an offender appears may either remand him to custody until the case is concluded or may grant him bail. Bail can be also granted without surety.

Section 9 (3) it says that if the court, after hearing the case is satisfied that the offender has failed to observe any of the conditions of the bond the court may take the following actions:-

1. The court may sentence him for the original offence; or
2. Where the failure of the condition is done for the first time then the court may impose a penalty not exceeding fifty rupees.
    

Section 9 (4) if the penalty which is imposed under clause b of section 9 (3) is not paid on time or within a period which is prescribed by the court, the court may sentence the offender for the original offence.

Code of Criminal Procedure 1973: the probation services in India were also being regulated by this act under section – 360 and section – 361 of CrPC deals with probational services to offender. Earlier when no governing probation legislation was introduced section – 562 of CrPC 1898 dealt with probation. In section 360 of the act benefits of probation can be provided only to first-time offenders and in section 361 of the act, it empowers duties of the judge such as recording reasons and passing the order on why the benefits of probation have not been provided to an offender.

Section 360. Order to release on probation of good conduct or after admonition- this section deals with an order to release an offender on probation of good conduct or after admonition. It applies only to first-time offenders.

Section 360 (1) empowers the court to release an offender on probation of good conduct. The offender should be a woman or a person below 21 years of age or above who is not guilty of an offence punishable with more than seven years of imprisonment.

The offender should not be guilty of an offence which is punishable with death or imprisonment if the offender had committed an offence which is punishable with death or imprisonment for life he could not be released on probation. The benefit under section 360 is not given to offenders who are habitual offender (recidivist) or who are previously convicted for the same offence.

Section 360(2) in this procedure is to be followed by a Magistrate of the second class to pass such sentence or make an order or further enquiry if he wants to.

Section 360 (3) says that where a person had committed theft in a building, dishonest misappropriation, cheating or any offence punishable with a fine and no previous conviction is proved against him, the court may release him on due admonition instead of sentencing him.

Section 360 (4) says that an order under this section is made by any Appellate Court or by the High Court or Court of Session when exercising its power of revision.

Section 360 (5) provided under this subsection, the High Court or Court of Session may not impose a harsher punishment that might have been inflicted by the court by which the offender was convicted.

Section 360 (6) the provision of sections – 121, 124 and 373 shall apply in this section.

Section 360 (7) the court before passing an order of release for the offender shall satisfy that an offender and his surety have a fixed residence of living or regular occupation.

Section 360 (8) if an offender who was released by the court may fail to observe any of the conditions then the court may issue a warrant of arrest.

Section 360 (9) when an offender is brought before the court after issuing an arrest warrant the court may either remand him in custody or admit him to bail.

Section 360 (10) nothing in this section shall affect the provision of Probation of Offenders Act 1958 or the Children Act 1960 or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.

Section 361. Special reasons to be recorded in certain cases. Where in any case the court could have dealt with:

1. an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958 ), or
2. a youthful offender under the Children Act, 1960 (60 of 1960 ), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.

Conclusion
The Indian probation system is set up to assess the defendant's suitability for rehabilitation. A probation officer will work with the offender to identify his or her needs, wants, and limitations. The officer will then develop a plan that helps him or her meet those needs and reach their goal. The offender will then move forward with their probation plan.

In order to successfully complete the probation and be a successful adult, the offender must work with the probation officer to develop plans and strategies that will help him or her succeed. The agencies will monitor these plans, which are then reviewed by the judge upon completion of each stage of the program. This is an opportunity for offenders to show that they have learned from their mistakes and improved as a result of a criminal charge in their past.

The probation officer will meet with the offender at least once a month to check on their progress and discuss how they can get back on track if they have fallen behind. The probation officer will also help the offender find community resources that will be useful to them as they move forward. This may include:

Probationary imprisonment in India is a prison sentence that is typically served with the intention of reforming an offender. The offender may have been a first time offender who was brought under the radar of the law by committing minor offences, or it could have been simple trespassing during which a weapon was found. In each case, it is important for the offender to be aware that prison time will be imposed if they do not reform their behavior to ensure they can successfully make their parole from the institution.

A judge may grant probation as a choice to assess a jail judgment. Probation is ordered when the circumstances and soberness of the crime suggest that the probationer isn't a trouble to society and that incarceration isn't an applicable penalty. The probationer may freely live in the community but must abide by certain conditions of probation for a period specified by the court and report regularly to an appointed probation officer.

General conditions of probation may include living where directed, sharing in rehab programs, submitting to drug and alcohol tests and maintaining employment. Probationers may be needed to show evidence to the court that they've complied with all conditions of probation. However, the court may abort probation and warrant the probationer to serve a jail judgment, If a probationer fails to misconduct with all necessitated conditions.